CENTRAL CRIMINAL COURT.
OWDEN, MAYOR. NINTH SESSION.
A star (*) denotes that prisoners have been previously in custody—two stars (**) that they have been more than once in custody—an obelisk (†) that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.
LONDON AND MIDDLESEX CASES.
NEW COURT.—Monday, June 24th, 1878.
Before Mr. Common Serjeant.
595. GEORGE OGILVIE (40) to feloniously forging and uttering an order for the payment of 140l. 12s. 6d., with intent to defraud. He received a good character.— Fifteen Months' Imprisonment . [Pleaded guilty: See original trial image.]
596. JOHN HARDWICK (39) to feloniously forging and uttering an endorsement to an order for 50l., and a receipt for 50l., with intent to defraud.— Eighteen Months' Imprisonment . [Pleaded guilty: See original trial image.]
MESSRS. CRAUFURD and LLOYD conducted the Prosecution.
MINNIE DANCE . I serve at the Bay Malton public-house, Great Portland Road, kept by Mr. Hibbert—on 20th May, between 5 and 6 o'clock, I served the prisoner with twopennyworth of gin—she put down a shilling—I put it in the tester. found it was bad, and gave it to the barman—Mr. Hibbert came in, and gave the prisoner into custody.
Cross-examined by the Prisoner. I did not put it in the till—the young man did not jump over the counter—he went straight to the door—I am sure this is the shilling.
KEZIAH KNOTT . I am barman at the Bay Malton—I saw the prisoner come in—the last witness handed me the shilling after making a cross on it, and I took it upstairs to Mr. Hibbert, who sent for a constable, and came downstairs—no young man jumped over the counter—Mr. Henry Phould was there, but he took no part in the transaction.
Cross-examined. The coin was never put in the till—you wanted to go, but you were detained.
GEORGE BENNETT (Policeman 450 E). The prisoner was given into my charge with the coin—she said that she had been to the Royal Oak with a return ticket from Portland Road station, which is the nearest station to the publichouse, that she tendered a half-crown at the booking, office, received two shillings and a penny, and did not know the shilling was bad—I took her to the station—she said she was a dressmaker—I received from the female searcher, as found on her, a half-crown, two shillings, and four pence three farthings good money—she was taken to the police-court, remanded till the 23rd, and discharged.
FRANCIS AMELIA JOHNSON . I am barmaid at the Earl Russell, Charles Street, Middlesex Hospital—on the night of 24th May the prisoner came in with a woman who has been discharged—the prisoner asked for a quarter of gin, which came to five pence, and tendered a shilling—I gave her the change, and while the shilling was in my hand Mr. Rock came in and looked at it while the women were there—they drank the gin and left, but were brought back by a constable, and given in custody.
Cross-examined by the Prisoner. I knew you before—the shilling was never put into the till—it never left my hand till Mr. Rock came.
JOHN ROCK . My father keeps the Earl Russell, Charles Street, Middlesex Hospital—I saw the prisoner put down a shilling on 24th April—the last witness took it up, and I took it out of her hand and found it was bad—I did not bend it—the change was given to the woman, and she left and got about 30 yards from the house when they were given in custody—the prisoner said that she did not know that the shilling was bad—I handed it to the inspector—about 5 o'clock next morning I picked up two pieces of paper each containing a shilling—they were lying close together after the bar was swept out—I gave them to the constable—we had closed at 12.30.
Cross-examined. I did not take it from the till, but from the barmaid's hand.
ALFRED LANE (Detective E). On 24th May I saw the prisoner walking up and down outside the Black Horse, Oxford Street—she then went in, and came out in about a minute, and went to the Wheatsheaf, Rathbone Place, but came out again in consequence of the landlord being in the bar, and went through Charlotte Place and Goodge Street into Charles Street, Middlesex Hospital, where she joined a woman named Wise—they conversed together about five minutes, and then went to the Earl Russell—I went into the private bar and spoke to Mr. Rock—he came out with me, and the two women then came out at the Wells Street door—Mr. Rock gave the prisoner in charge for passing a bad shilling—she said "My God, am I to be charged with this?"—Wells said that she went in with Goddard to have a drop of gin, but knew nothing about it—Mr. Rock gave me this shilling and five others wrapped in paper—I have kept them till now—the prisoner was searched, and a shilling, two six-pences, a penny, a postage stamp, and a small key found on her—the money was in the purse, it is all good.
LOUISA RESCOLLA . I am female searcher at Tottenham Court Road public-house—I searched the prisoner on 20th May, and found on her a half-crown, two shillings, two sixpences, and fourpence three farthings—on 24th May I searched her again, and found a shilling, two sixpences, and one penny.
GUILTY *— Eighteen Months' Imprisonment .
NEW COURT.—Tuesday, June 25th, 1878.
Before Mr. Common Serjeant.
MESSES. CRAUFURD AND LLOYD conducted the Prosecution; and MR. GLLL defended Goddard. JANE RICHARDS. My father keeps the Shakespere in Cambridge Road, Kilburn—on 29th May, about 11 p.m., Goddard came in with a man who is not here, ordered a pint of stout and mild, and tendered a shilling—I found it was bad, and gave it to my father, who said it was bad, and that he believed Goddard had been there before—they were both taken to the station.
Cross-examined by MR. GLLL. He was nearly half an hour in the house—the tester was facing where he stood, and I tried the coin before I spoke to my father—I did not leave the bar—there is a passage, and we serve both sides of the bar—I did not hear Goddard give his address—I had seen them before—I did not say anything before the Magistrate about another man being there.
WILLIAM RICHARDS . I am the father of the last witness, and keep the Shakespere public-house—I was in the bar near my daughter who came across to me, and said in Goddard's hearing "This is a bad shilling, I think the same parties have tried it on with me before"—Goddard was with another man who is not here, and I said to him "What do you mean by this?"—he said "What do you mean?"—I said "It is a bad shilling"—he said "I suppose you would like me to give you another for it, after that girl has been hawking it all round the bar? What do you take me for? Do you take me for a mug? I am worth quite as much money as you are"—I said "Jim, fetch a policeman"—the other man was silent—Goddard said "There, I will show I am not without money, take it out of that," throwing down a half-sovereign—the policeman came in ten minutes or a quarter of an hour—I gave one in custody, but they took two—I charged Goddard—he was taken before a Magistrate next morning, and discharged about 11.30—I marked the shilling, and gave it to the police.
Cross-examined by MR. GILL. It is a long bar divided by a counter—I was about two yards from my daughter, and ten feet from Goddard—there is a low screen, but I can look under or over it—no one else was serving—no doubt Goddard heard my daughter say "Father, here is a bad shilling"—Goddard abused me, and said "You think you are going to best me," meaning to substitute a bad shilling for a good one—he knew I had sent for a policeman—the other man was discharged—the shilling was not handed over the screen; my daughter put it into my hand.
Re-examined. I had my back to the door, so that he could not get away if he tried.
that he offered Mr. Richards his name and address, and he thought that was sufficient—Mr. Richards gave me this shilling—the other man was not charged.
Cross-examined. I understand that he gave a correct address—I found on him 12s. 4d. in silver and a half-sovereign, which was given back to him.
Cross-examined by Greenstreet. You are not the man who was charged at Kilburn.
MARION JENKINS . My husband keeps the Hope Tavern, Porchester Street, Paddington—on 30th May, between 3 and 4 p.m., the prisoners same in—Greenstreet called for a pint of half-and-half, which came to 2d., and gave me a bad shilling—while I was examining it, but before I said anything, Goddard said "Give him the bad shilling back, and I will take this beer," and put down four halfpence—I picked up the halfpence, and said "Alter I have examined the shilling you shall have it"—I then put it in the tester and found it was bad—I kept it, and said that I should have them searched—Greenstreet said "Let us drink up and go out"—I ran round the bar and caught hold of Goddard; he tried to strike me, but I drew my head back, and they got away—I sent for a constable and went outside the house and ran after them—two sawdust boys in the bar came out, and I sent them after the prisoners—I went to the station between 5 and 6, and handed the shilling to the sergeant.
Cross-examined by MR. GILL. I do not remember which of them asked for the beer—the coppers were put down a little while after the shilling—I spoke loudly when I sent the boy for a policeman, and I suppose the prisoners heard it—I put the shilling in the tester, which is on the edge of the till; but it did not leave my hand—I then put it on one side—I am positive it did not go into the till—it did not take me a second to get from where I was to where they were.
Cross-examined by Greenstreet. I did not say "If you don't get out of the house I will send for a policeman"—I said "Don't leave this house till I have you searched."
JOHN SAYERS POND . I am a sawdust man, and live at 29, William Street, Lisson Grove—on the afternoon of 30th May I was in the Hope public-house and saw the two prisoners there—the barmaid said "This is a bad shilling; I have a good mind to lock you up"—the barmaid said to me "Will you fetch a policeman?"—I went out, but could not see one—I came back, and the prisoners had just got outside—the barmaid got hold of Goddard, who made a strike at her—I left my barrow with a companion and went with Fitzroy after the prisoners, who walked down to the corner of Lower Porchester Street, and when they got across Edgware Road they saw us and began to run—I ran round a corner and met them at the other end walking pretty quick—I followed them through several streets, and at last caught hold of Greenstreet—that was three quarters of an hour after he left the public-house—he asked me to hare a drop of beer—I said "No; come down to your mats"—he struggled, but did not get away—Goddard was in the street all the time; he made no attempt to run away—we all four went to the St. Andrew public-house, Baker Street, and when they were inside I fetched a policeman, while Fitz stood against the door—they were then given in custody—I had followed them about three hours.
Cross-examined by MR. GILL. Goddard made a strike at the barmaid
when she had hold of his arm—I had hold of Greenstreet twenty minutes and had a struggle with him, while Goddard sat on a railing—I asked a little chap to fetch a policeman, but he would not—when Goddard left the Hope he walked to the corner—I do not suggest that he ran—I was looking for a policeman three hours and could not find one.
Cross-examined by Greenstreet. You asked me to have something to drink—I did not say "If you treat me and let me know where you got the shilling I will let you go"—you said that you had got change for a half-crown in Edgware Road.
Re-examined. I never lost sight of them from the time they left the house till I gave them in custody.
JAMES FITZ . I am a sawdust man—I was outside the Hope with a barrow—I saw the prisoners come out one after the other and saw Mrs. Jenkins's arm go up when the door opened—they went round the corner, and then Pond came out and went after them—I left my barrow in charge of a boy—they saw us behind them, and cut across the mews round Edgware Road across Seymour Street, and we went round another way and caught them against a public-house—we saw no policeman during that time—Pond and Greenstreet had a scuffle and a roll in the road—Goddard said "What are you two fellows following us for?"—I said we were going to give them in custody for passing bad money—he said "Come in here and have a pint of beer; take this half-crown and let the two of us go"—the others came up, and we all four went into a public-house at the corner of Baker Street—Pond went outside, and came back in a minute with a policeman, and the prisoners were taken to the station—it was between two and three hours from the time they left the Hope till they were given in custody—Goddard and I sat on a rail together—that is where he offered me the half-crown.
Cross-examined by MR. GILL. When the prisoners saw us they quickened their pace, and crossing Edgware Road they ran—they did not say anything when we took them—there was a mob round them while the struggle was going on—I did not go for a policeman, because I could not leave Goddard—I had not got hold of him.
Cross-examined by Greenstreet. I saw you struggling with Pond—I do not exactly know whether you rolled in the road, but there was a mob, and you had a struggle.
JAMES BARNES (Policeman D 262). On 30th May, about 4.55, Pond fetched me to St. Andrew's public-house at the corner of Baker Street—I had not seen the prisoners before that—I told them the charge—Goddard said "I have got no bad money about me"—on the way to the station Goddard said "We have done it this time"—Greenstreet said "I think so"—I found on Goddard a half-sovereign, 11s. 6d. in silver, and 4d., and on Greenstreet 1s. 1d.—the sergeant gave me this bent florin tendered at the Hope.
Cross-examined by MR. GILL. I was not on the beat, I was coming from drill—they walked quietly to the station, one on each side of me—I made this memorandum of the conversation the same night, but did not report it to the inspector—I told the Magistrate I had torn the memorandum out of a book.
Cross-examined by Greenstreet. Another policeman came afterwards, but the conversation was before he joined us.
Re-examined. I took both prisoners out of the public-house, and met the other constable 10 or 12 yards off—I made a mistake in saying I
tore the report out of a book, I keep the paper in a book, and took a piece out—I do not make an entry in the book till cases are settled.
Greenstreet's Defence. I met a man and asked him to drink. He said, "Don't you pay for it, I will pay." I put down a shilling as he put down coppers. It is not likely I should go with him and offer a bad coin, knowing he had been discharged that morning.
GUILTY on the third count .—Nine Months' Imprisonment each .
OLD COURT.—Wednesday, June 26th, 1878.
Before Justice Manisty.
MR. FRITH conducted the Prosecution; and MR. A. B. KELLY and MR. GAGHAN
the Defence.— NOT GUILTY .
NEW COURT.—Thursday, June 27th, 1878.
Before Mr. Recorder.
602. FREDERIC STEELE (62), Unlawfully omitting to deliver up to his trustees in bankruptcy the whole of his property, and ELIZABETH STEELE (40) and ABLETT PETTIT aiding and abetting him in committing that offence. Other Counts for conspiracy. Frederick Steels PLEADED GUILTY to all the Counts except those for conspiracy.
MR. BULWER and MR. POLAND conducted the Prosecution; MR. KELLY appeared for Steele, and MR. LOCXWOOD for Pettit.
HENRY ALFRED STACEY . I am superintendent of the Records of the London Bankruptcy Court—I produce the proceedings under the liquidation petition filed by Frederick Steele on 6th November, 1877—he describes himself as of 16, Wilton Place, Brompton, Middlesex, of no occupation—on 9th November it appears that an order was made appointing Robert Gardner as receiver—the London and Provincial Bank are creditors for 668l.—the first meeting of creditors was on 27th November, but the bankrupt did not appear—his debts as stated in the petition were between 900l. and 1,000l.—it is not cast up—I produce the bankruptcy proceedings—the petition for adjudication in bankruptcy was filed on 29th Nov., 1877—the act of bankruptcy set out was his having failed to petition for liquidation previously—he set out the amount of his debts as 950l., but I don't think he filed a statement of his assets—he was adjudicated bankrupt on 19th December, and it appears by an affadavit of Terry, filed on 19th December, that he was served with a copy of the petition on 4th December—the notice of the adjudication and of the first meeting of creditors appears in the London Gazette of December 21st—it is in the Standard of 22nd December—it appears that on 21st December he was served with a notice that he had been adjudicated bankrupt, and he was called upon to produce a statement of his affairs, but he never did so—on 15th January Mr. Humphreys was appointed trustee, and the public examination was fixed for February 16th, but he never appeared at any of the meetings—the proceedings were advertised in the London Gazette and Standard—I do not see that he ever filed any statement of his affairs—on
1st February an order was made by the Bankruptcy Court for the examination of Elizabeth Steele; she was examined at the County Court, Ipswich, on 6th February—her examination forms part of the proceedings—Mr. King was appointed shorthand writer—an order was made on 16th March for Pettit's examination, and I think he was examined on the 21st—his examination forms part of the proceedings, and I produce it—Mr. King was again appointed shorthand writer—I produce the examination of Frederick Steele on 7th, 14th, and 16th March before the Hon. Spring Rice at the London Bankruptcy Court, and on that occasion Mr. Snell was appointed official shorthand writer—I produce all the examinations.
ARCHIBALD REID . I am an officer of the London Bankruptcy Court—I arrested Frederick Steele on 1st March, he was living at the Sultan in the name of Smith—I found nothing on him but a little silver, but in his trunk I found this statement of his affairs, and this office copy of his wife's examination at Ipswich, dated 6th February, 1878.
RICHARD WILLIAM DONEGAN . I am clerk to Messrs. Lewis, Morris, and Longman, solicitors for the prosecution—on 9th November, 1877, I posted to Frederick Steele three registered letters, one addressed to him at 16, Wilton Place, Brompton, one to his place at Gislingham, Suffolk, and another to 45, Lower Brook Street—those addressed to Gislingham and to Wilton Place were returned, that to Brook Street was not—(A copy of the letters woe here put in, requesting Frederick Steele's attendance at Messrs. Lewis, Morris, and Long man's office, with an account showing how his money had been disposed of)—he did not call at the office—I have searched the call-book.
WILLIAM KING . I am a shorthand writer of Ipswich—I was appointed by the Registrar to take the examination of Elizabeth Steele—she was duly sworn—this is a true copy of my notes—I was also appointed to take Pettit's examination on 22nd March—he was duly sworn—this is a copy of my notes—those examinations form part of the proceedings.
Cross-examined by MR. LOCKWOOD. I have know Pettit many years—he was very weak and languid—he is of very great age.
GEORGE BLAGRAVE SNELL . I am one of the official shorthand writers to the London Bankruptcy Court—I was appointed by the Registrar to take the examination of Frederick Steele on 7th, 14th, and 10th March—he was duly sworn on each occasion—I took his examinations, and my transcript of them is on the file—they are correct—I was also appointed to take the examination of Elizabeth Steele on 14th March, a copy of which is on the file—in the course of her examination he admitted that these letters were in her writing—I also took Pettit's examination on 30th March, a true copy of which is on the file—he was duly sworn.
WILLIAM KELLY . I am an officer of the Sheriff of Suffolk—on 10th Nov., 1877, I called on Frederick Steele at 45, Lower Brook Street, Ipswich, by direction of Mr. Robert Gardner, who was appointed receiver—I gave him a copy of the notice of Mr. Gardner's appointment, and said "It is my duty to apply to you for all moneys you have in your possession on behalf of the receiver"—he said "I have no money"—I said "Have you any property that you can give up to the receiver on behalf of your creditors at Gislingham?" that is where his farm is—he said "No"—I said "Have you anything here?"—he said "Nothing at all."
leave—Mr. Goodliman, of Ipswich, went with me—Mrs. Steele went round the farm with us—she seemed to know something about it and about her husband's affairs—she pointed out the fields and the stock round the place—Steele was not at home—nothing was said about the money to be paid for me to come in—I went again a day or two after and saw Mrs. Steele again, and Mr. Steele produced an account book of the farm—I bid him 800l. for it, and Mrs. Steele said that the horses cost a a great deal of money—she took part in it and did some writing—I eventually agreed to take the farm for 850l., and paid him the money in notes—this is his receipt. (This was for 850l., dated October 26th, 1877.) Cross-examined by MR. KELLY. Mrs. Steele had to go to London before the interview was over—she came to Mr. Steele in the fields and told him that she had a friend dead—I was not bargaining with her—she was not there when I paid the money, or when the bargain was made.
MARTIN CANNESS . I am an auctioneer, of Ipswich—about the end of September, 1877, Mrs. Steele called on me, and said "We want to dispose of our farm"—I had only known the Steels three weeks—she said "If you can find a customer I will give you 30l., and the valuation, that will be something like 100l., which is worth looking after"—I said "I will endeavour to find a customer; but it is rather a rum job, as farms are a drug in the market"—I found a customer, Mr. Peck, and referred him to the Steeles—I went to the farm on 22nd October and saw Mr. Steele, but not Mrs.—I made a valuation of the furniture; it amounted to just over 90l.—Mr. Peck afterwards declined to take it—some furniture was removed on the 22nd, not by me; but Steele asked me to help with the piano, and I did so—it was taken to Lower Brook Street with other things, not included in the valuation—I went to the farm again on the 26th, and saw a servant—I met a man with a van—the furniture was loaded and taken to the public saloon in Ipswich, where I was to sell it, except about 10l. worth, which Peck took—after it was taken to the auction room Mrs. Steele called on me and wanted to stop the sale, saying that she would dispose of some furniture in London—I had advertised the sale—I received my instructions first from Mr. Steele and afterwards from Miss Clark—I said that she could not stop the sale—she said that she must have some of the things, and she picked out a chest of drawers, some glass, and two hand trucks full of things, and took them to Lower Brook Street—the other things were sold; they fetched 60l. odd, which I handed over to the trustee—the things taken to Lower Brook Street were worth, with the piano and plate, about 40l., and those Mrs. Steele took away 15l. or 20l.; but the drawers were locked up, and I don't know what was inside—after I was entrusted with the furniture, Steele called and said that Miss Clark had received some money and she could not claim the furniture, and a notice was served on me not to part with the money—I paid it to the trustee when he applied for it.
Cross-examined by MR. KELLY. I thought Mrs. Steele was sent by her husband—I did not think the farm was held in her name—Mr. Steele called and left me an inventory before anything was removed—I treated with him eventually—I saw him when I went to the farm—Mr. Peck wrote to me to go and value the furniture—I did not take my instructions from Mrs. Steele—the piano was taken to Lower Brook Street—I do not know that Mrs. Steele's daughter lived there—when she said that she must have some of the things taken to the public hall, I thought I was
treating with Mrs. Steele—she took away a chest of drawers very heavy, and a looking-glass.
Re-examined. Mr. Gudgeon, of Storr Market, acting on behalf of the creditors, told me on the morning of the sale not to part with the money, and I gave it up to Mr. Humphreys.
WALTER BAKER . I am a machinist—on 31st August I threshed 77 cooms of wheat for Steele—I take the entries from my men—I never got paid—the account is in my writing—I took it from the men who threshed.
JOHN DURHAM . I am in Mr. Baker's employ—on 31st August I threshed 77 comes of wheat on Steele's farm, and on 12th October 12 cooms of peas, 18 of beans, and 57 of barley, and on 14th October 77 cooms of barley again.
EDWARD FRY . I am a corn and seed merchant at Ipswich—on 4th September I bought 87l. worth of wheat of Frederick Steele in Ipswich corn market, and on 11th September Mrs. Steele called on me and brought the receiving note, saying that the railway company had received 30 quarters of wheat; it was endorsed "60 cooms of wheat, 87l. Dear Sir, Will you pay Mrs. Steele, my wife, the amount, as I am busy with the harvest and cannot leave home?"—I gave her a cheque for 80l.—I declined to pay the whole, as I had not received the wheat—the cheque is endorsed "Elizabeth Steele," and has been paid by my bankers—6l. 19s. was still due, which was paid next day to Mrs. Steele, as the wheat had been received—the cheque is endorsed "Elizabeth Steele."
JAMES GARNHAM . I am clerk to Messrs. Paul, corn merchants, of Ipswich—on 9th October I bought 110 cooms of barley of Frederick Steele, at 1l. a coom, and on 16th October I paid him 112l. by cheque, as 112 cooms were delivered—the cheque has been paid.
WILLIAM MOSS BUCK . I am manager to Mr. Thomas Mortimer, corn merchant of Ipswich—I remember Frederick Steele selling them on 18th September 140 cooms of wheat, value 147l. 8s.—it was delivered as 133 cooms—I gave his firm a cheque for 100l., and subsequently one for 47l. 8s.—those cheques have been sent in endorsed "Frederick Steele"—on 9th October I bought some wheat of him for 63l. 15s., which I paid for by cheque, which is endorsed "Frederick Steele."
ARTHUR CHARLES SEMPLE . I am one of the cashiers of the London and County Bank, Knightsbridge branch—I produce the books—on 24th October, 1877, Frederick Steele paid in 192l.—there were eight 10l. notes and 112l. in gold—on 29th October he paid in 650l.—he opened an account, and on 30th October this cheque out of the book we gave him was presented. (This was for 842l. in favour of Mrs. Steele, dated 30th October, and signed Frederick Steele)—that was paid with two 300l. notes, 90237 and 92581. both dated 14th February, 1877; a 200l. note, 22735, dated 14th May, 1877; two 20l. notes, 60516 and 60517, dated 12th May, 1877, and 2l. in gold—on 31st October, Messrs. Harvey and Nichols, customers of ours, cashed a 300l. Bank of England note, No. 92581, dated 14th February, 1877—we gave them three 100l. notes, Nos. 83227, 83228, and 83229, all dated 13th April, 1877.
Cross-examined by MR. KELLY. I did not pay this cheque—I do not know who it was paid to—this scratch is the cashier's initial—it is payable to bearer, and would be paid to anybody.
Steele called there and asked to see Mr. Carruthers, one of the partners—I said "He is not at home"—she said "I want change for a 300l. note, I am a relation or a friend of the late Mrs. Willie, of Wilton Place," who was a very old customer of ours—I inquired of our chief cashier, and found we had not sufficient—we had an order a few days previously from the late Mrs. Willie's solicitor to supply Mrs. Steele and her daughter with necessary mourning—she asked me if I would send over the way to the London and County Bank—I did so, and gave the change to her, but do not remember what it was—this is the only note I ever cashed for her. Cross-examined by MR. KELLY. Mr. Steele was with her.
LOUISA ANN CLARKE . I live at Broom, in Suffolk, and am unmarried I have known the Steeles several years—on 1st November I received a registered letter containing a 100l. note, 83229, April 13, 1877, in an envelope without any letter—I do not know in the least who sent it—I have seen the Steeles since, but they have never referred to it, and I have made no inquiries—I was surety for Steele for 100l.
Cross-examined by MR. KELLY. I have known Mrs. Steele many years—she is highly respected—I had been called on by the bankers on 5th January to pay 100l., and this 100l. note repaid me—Mr. and Mrs. Steele have a daughter at boarding-school at Ipswich—I do not know whether the school is in Brook Street, Ipswich, or whether the piano belonged to her—Mrs. Steele was looking out for a situation as housekeeper in the spring, and I think she got one.
Re-examined. I was security to the bank for Steele after I received the 100l. note—Mrs. Steele came to reside at my house—I did not mention it to her—I paid the bank by cheque—I mean to represent that I do not know at this moment where the 100l. note came from.
ALEXANDER MCMASTER . I am cashier at Bacon, Cobham, and Co.'s Bank, Ipswich—Pettitt has banked there some years, and I know him as a customer—on 13th November, 1877, he brought this 300l. Bank of England note, No. 90237, dated 14th February, 1877, and requested to have it changed—it is endorsed with the name of Petitt—I gave him for it these ten 10l. notes, three of which were numbered 62489, 62490, and 62491, dated 10th April, 1877, and 200l. in gold—on 26th January the same three 10l. notes were paid in to his account, and a 20l. note, 60517, dated 12th May, 1877—on 29th January he came again and brought a 200l. Bank of England note, 22735, dated 14th May, 1877, and requested it to be placed on deposit in his name, which was done, and I gave him a receipt bearing interest at 3 per cent.—on 2nd March he came again and withdrew the 200l.—he produced the receipt, and in exchange I handed him 200l.—this is his pass-book; it commences in 1874 with a loan of 50l. from the bank to him—the 50l. also appears to his credit—the loan was wiped off on 2nd March—Glyn, Mills, and Co. are our London agents.
Cross-examined by MR. LOCKWOOD. I wrote the name of Pettit on all the notes—I know him perfectly well—I knew him before he became a customer—he is highly respected in Ipswich—I live there—I did not hear of Steele's bankruptcy till a few weeks before I was examined at Bow Street on 22nd May—it was not the subject of general conversation in Ipswich—Steele was not a customer of our bank.
Re-examined. I was not aware that there was such a person in existence—I had not known him seven or eight years, and he had not visited at my house.
FRANCIS BARNARD JENNINGS . I am a solicitor of Ipswich—I acted as local agent for the solicitor for the prosecutors and for the trustee—I know Pettit—on 1st March I went to his house with William Skippen, a bailiff of the County Court, for this purpose—I said to Pettit, "Skippen holds a warrant to search your house; Frederick Steele, the bankrupt, has been arrested, and you are suspected of having some of his property in your possession"—he said "I have nothing belonging to the Steeles; Mrs. Steele left one box here which she took away last Monday morning"(I think this was Friday)—he said "What goods am I suspected of having?"—I showed him a list which he read through and said "I know nothing of any of these"—they were trunks and boxes, and a chest of drawers—I said "The bailiff must execute his warrant and search the house"—he searched and found nothing—I then said "Steele has money as well as goods; the money partly consists of gold and partly of notes; there are two notes of 300l. each and one of 200l. among them, the numbers of which are known; the creditors are determined to find them, and it is very foolish of them being kept back"—he said "I know nothing about the notes or about any of Stele's money, and if I see either Mr. or Mrs. Steele I shall certainly advise them to give up all their property and money to the creditors."
Cross-examined by MR. LOCKWOOD. Skippen was there during the whole conversation, and could hear what was said—I told the Magistrate I did not give Pettit notice of my coming—I did not mention the numbers of any notes to him.
WILLIAM SKIPPEN . I was employed on this occasion only, by the County Court at Ipswich—I accompanied Mr. Jennings on 1st March to Pettit's house, and heard Mr. Jennings have some conversation with him—I found nothing.
Cross-examined by MR. LOCKWOOD. I acted as a bailiff on this occasion, but never before—I do not remember anything said about a 300l. note, but I remember a 200l. note.
EDWARD WILLIAM SAWYER . I am a farmer, of Helmingham, and am Mr. Peck's brother-in-law—on 18th October I went over Steele's farm, and saw him and his wife—Mrs. Steele remained in the house, and when Steele and I came back he, in Mrs. Steele's presence, produced an inventory, and said that that was a memorandum of the things on the farm—she took an interest in the affair, and put down the prices at Steele's dictation—I conversed with them both—I found fault with some of the items—she said that the horses cost more money; she took an active part in the transactions—I saw some books, and they were referred to.
GEORGE ANTHONY BARNES . I live at Yaxley, Suffolk, and am a farmer and dealer in artificial manure—I have known Steele some years, and supplied him with manure—I knew that he had left his farm in 1877, and in consequence of a letter from him I went by railway to Ipswich to see him—Mrs. Steele met me at the station, and took me to 45, Lower Brook Street—Steele said, in her presence, "I am preparing my balance sheet, and I want you to give me a receipt for 300l. for manure; I have got into a muddle"—he only owed me about 15s. at that time—I did not do so—Mrs. Steele went upstairs, and fetched down about 1,000l., there was a roll of notes and some gold—they offered me 10l. first, and then 20l. if I would do it, but I would not—Steele said that his creditors had
behaved badly to him, and they should not have a penny of the money, he would sooner chuck it in the fire, and burn it all—I received another letter from Steele about 8th or 9th December, and went to Ipswich again—Mr. and Mrs. Steele were present—Mr. Steele was packing a drab portmanteau—Mr. Steele was sitting there, he was not very well—I did not see any money put into the portmanteau, but I afterwards saw it opened in London, and saw 800l. or 900l. in it—Steele was then going over to Nice, he had the portmanteau with him—I had taken it to London for him—Mrs. Steele had delivered it to me on the Ipswich platform, and told me to keep my eye on it because the money was in it—I had a sister living at Nice—Steele could not get on there, and returned and lived at the Sultan Inn, Brixton, where he went by the name of Smith—his wife went and met him the very night he came home—I had an interview with her on 29th January at 45, Lower Brook Street, Ipswich—she wrote to me to meet her there, and said "I have just come from London," or "I have just left Mr. Steele in London, and have brought all the money back with me—what would you advise me to do with it, would you put it in the bank?"—I said "I should not advise you to do that"—she said "I should like to put it out on a mortgage"—I said "You had better ask your solicitor about the"—she said "Because my daughter will cost a lot of money this year, and I don't want to waste it: I am going to get Mr. Pettit to cash me a 200l. note this afternoon"—I said "I should be careful about that"—she said "Oh, he is all right, he has cashed me a 300l. note, and he w ill get the other done this afternoon"—I advised her to see Mr. Peacock, a solicitor in Ipswich, and offer composition, as she told me about her husband being bankrupt—I did not know it till then—she said "I think that is the best thing I can do; I will meet you at Mr. Peacock's office," and she met me there, and arranged with Mr. Peacock to offer, I think 5s. in the pound—I left that to be settled between them—she said that Mr. Pettit told her to keep away from his house, because if she came backwards and forwards he should get it searched—he wanted to know the best way of getting a 100l. note changed, and I said if I went to the Repository at Norwich I could buy a horse and get it changed for her; that was before I knew that her husband was bankrupt.
Cross-examined by MR. KELLY. I would not give a receipt for the 350l., because I thought it a dishonest thing to do—I took the 300l., and gave it back to him so that I should not make any false statement—320l. passed through my hands—I did not think that dishonest—I only took it in my hand, and gave it back, because I wanted to get away from the place: I would not have anything to do with it, I was afraid I should get into a muddle—I did not advise him to go to Nice, nor did I say so before the Magistrate—I advised him to leave the country for a little time, and to offer a composition—I did not assist him to Nice, but I carried the portmanteau to Colchester, where he joined me, and I took him on to London—he asked me if I had friends in the country—I said "I have a brother-in-law living at Nice"—he asked me to write to him, and I did—I do not call that assisting him—I had known Steele a great many years, and that is the reason I did it—I did not know that he was a bankrup—I told him to offer a composition, but I did not know he had any creditors till he sent for me—I advised him to leave the country because he was in trouble, and I took him to Mr. Peacock—he wanted
me to give him a receipt for 350l. that he might meet his creditors, but I would not do it—I did not have 11l. given me for going up to London—I had 6l. of him for my railway expenses, and 2i. form Mrs. Steele—I took the luggage to London, it was labeled in my name—she met me at the station, and told me to take the three portmanteaus to Mrs. Steele in London, and I did so—I went that night, I think, to the Sultan at Brixton, which is kept by my son—Steele wanted to stop somewhere in London—I said "You cannot do better than go there." and he did so—he was there all the time—Mrs. Steele knew that he was there, but I do not know that any body else did—I did not tell the police that he was at the Sultan—I did not give him up—I do not know how then police found out that the he was there—I assisted him because I had know him a long time—Mrs. Steele kept coming and asking me to do it, and I did it out of good nature at my own expense—(The examinations of Frederick Steels of 2nd and 14th March, 1878, were put in and read, and the examination of Elizabeth Steele, stating her utter ignorance of her husband's affairs was partly read. Pettit's examination was also read.)
JOSIAH HUMPHREYS . I am manager of the this branch of the London and Provincial Bank—I was appointed trustee under Steele's bankruptey on 15th January—He did not deliver up to me any accounts, papers, or documents, or any statement of his affairs, or any money or property belonging to his estate—I am not aware that any of the creditors have received any part of the 1,200l. referred to to-day—I have received 50l. from Mr. Peacock, and 50l. 16s. 6d. from Mr. Canness, the auctioneer—5l. was found on Mrs. Steele when she was searched, which came into my possession—the creditors are tradesmen at Ipswich—none of them have received anything—this cheque for 842l. is in Steele's writing—he was a customer of ours—he kept a banking account; this is his pass-book, by which it appears that on 20th July, 1872, he paid 1l. 5s. to Pettit, and on 14th November, 1873, 5l. 5s. to Pettit.
Cross-examined by MR. KELLY. Those sums came into my hands as trustee, but I was the principal creditor on the part of the bank, which was partly secured—our dept was 645l. at the time he absconded—we held title deeds for 320l., and Miss Clark has paid us 100l., making 420l. out of 645l.
Re-examined. That amount was paid to the bank, not to the bankrupt's estate—Miss Clark was surety to the bank.
Cross-examined by MR. KELLY. I arrested Mrs. Steele at Gislingham, in Norfolk—I read the warrant to her; she said, "What I have done in assisting my husband, I have done not knowing any wrong."
PETTIT received a good character— GUILTY .— One Month in Newgate , FREDERICK and ELIZABETH STEELE— GUILTY.— Judgment Respited .
THIRD COURT.—Tuesday, June 25th, 1878.
Before Robert Malcolm Kerr, Esq.
604. JAMES LANCASTER (37) to burglary in the dwelling-house of Thomas Beaumont, and stealing 1l. 15s., the moneys of Thomas Simmons.— Twelve Months' Imprisonment . [Pleaded guilty: See original trial image.]
(For other cases tried this day and the next, see Kent and Surrey Cases.)
THIRD COURT.—Wednesday, June 26th, 1878.
Before Mr. Common Serjeant.
605. JOHN WATTS (29) and JOSEPH BAZLEY (24) PLEADED GUILTY to stealing a purse, a piece of cardboard, and 2s., the property of William License, from the person of Harriet License . BAZLEY** also PLEADED GUILTY to a conviction of felony in July, 1875, at Clerkenwell.— Seven Years' Penal Servitude .WATTS— Eighteen Months' Imprisonment .
OLD COURT.—Monday and Tuesday, and New Court—Wednesday, June 24th, 25th, and 26th, 1878.
Before Mr. Recorder.
608. JAMES PRYOR (39) was indicted for unlawfully applying to his own use 100l. and other sums, the moneys of the Lombard Deposit Bank Company, of which he was a director. Other Counts varying the form of charge.
MR. H. T. COLE, Q. C., with MESSRS. BESLEY and STRAIGHT, conducted the Prosecution; MR. POPE, Q. C., with MESSRS. MONTAGU WILLIAMS and HORACE AVORY, appeared for the Defence during the first day; on the second day the Prisoner elected to conduct his own case.
SAMUEL HAYMAN . I am a clerk in the office of the Registrar of Joint Stock Companies, Somerset House—I produce the memorandum and articles of association of the Lombard Deposit Bank Company, Limited; it was registered on 30th December, 1874; there were seven subscribers for five shares of 1l. each—the capital to be 20,000l. in 20,000 shares of 1l. each—I produce the agreement of 21st December, 1874, signed by the defendant; it is an agreement between James Pryor, of 43, Lombard Street, and Richard Sleeman, as a director on behalf of the company then in course of formation, by which Pryor sold his business to the company in consideration of 2,100l. in fully paid-up shares of the company—the first registered return of the list of shareholders was 14th July, 1875; it is signed by Pryor; that purports to give the shareholders' names up to the 5th of May preceding; the total number of shares then taken up was 35; the next return of the list of registered shareholders was on 27th January, 1876; that is signed by the prisoner, and purports to be made up to the 20th January preceding; the number of shares then registered is 5,477; the calls made are 10s. a share, but there is a note that 2,200l. is considered as received on some of the shares; those are entered as against the prisoner's name, not as fully paid up—on all other shares the balance of 10s. was paid—the total amount entered is 3,904l., made up in this way: 1,705l. is taken as having been received in cash, and 2,200l. considered as received—I find in the register 10 shares in the name of H. Clinton Cooper, and 5 in the name of Bastaple—the next return of shareholders registered is on 16th November, 1876; that is signed by the prisoner, and purports to be made up to 31st October, 1876—in that register the prisoner appears for 2,225 shares, Mr. Cooper for 100, and Mr. Bastable for 100; 7,640 shares are entered as taken up, and the
amount called up on each share is still 10s.—the total amount of fully paid-up shares is entered as 5, 616l. 15s., and the total amount of calls unpaid 2,023l. 5s.—the number of shares is not put—the next return of the list of shareholders is on 23rd November, 1877—that is filed through a registration agent, and signed, not by the prisoner, but by "R. Tyler, secretary;" that purports to be a list of snares up to 21st November, 1877—the prisoner there appears for 2,225 shares, and Cooper and Bastaple 100 each—on 9th April, 1877, I find a resolution registered with regard to an alteration of title, that the word "deposit" be left out.
Cross-examined by MR. POPE. The whole proceedings are regular from beginning to end as far as I know; it is in the new form in which such a company is established and registered—the agreement by which the company bought the prisoner's business is there at full length for any shareholder to see; by that he was to be paid in fully paid-up shares—the capital of the company on 6th May, 1875, was 17l. 10s.—according to the articles of association the directors are to be not less than four or more than twelve—the duty of the manager was to do the whole business of the bank, reporting to the directors from time to time—by article 32 the directors have power to suspend the manager and appoint a secretary, and by article 75 the secretary is made responsible in the absence of the manager.
Re-examined. By clause 74 the remuneration of the manager is not to be less than 300l. per annum, payable monthly, with 5 per cent, upon the shares.
HENRY JONES . I did live at 226, Old Street, City Road—I am now at the Lombard Bank—I was formerly one of the cashiers in the Lombard Deposit Bank, Limited—I was with the bank from 19th January, 1876, to 26th January, 1878—at the time of my leaving I gave notice to the prisoner—I gave as my reason for leaving that the accounts were so complicated that I could not comprehend them, and I could not go on any longer—I referred to the advances he was having in the name of Roberts, and this affair of Mr. Lee's, and an account he had got open in the name of Nash, and there were so many things—I mentioned this to him—he said there was no occasion to leave; it would be all right; that I had taken him rather by surprise—I said I should like to go in the regular way, and I gave him a week's notice—he asked me as a favour to stop on to the general meeting, which I did; that was on 26th January, 1878—I said "I have never seen Mr. Nash; you draw the cheques in your own name and pay the cheques to your own signature; I don't understand how it can be right any way"—he made no remark about its being right or wrong that I remember—I left on the 26th, the day of the general meeting—the bankers of the Lombard Deposit Bank were the Hampshire and North Wilts Bank; but for general purposes money was kept in the till—I had the principal control of the till, and was accountable for such money as I paid out of the till—this is the share register which is kept at the office of the company; it is called the register of members—the first return is made up to 5th May, 1875; it shows that 35 shares had been taken up to that date—up to 20th January, 1876, 2, 225 shares are entered in the name of James Pryor as being held by him—in the next return the amount is the same—on the 20th January, 1876, there were 100 shares in the name of H. Clinton Cooper—50l. appears to have been paid upon them, and it stands the same now—100 shares appear to the name of
Bastaple in 1876, and 50l. paid upon them; that entry remains the same—this is the cash-book; I have not gone through it carefully—I produce a cheque marked "A" for 2l. 11s. 9d., dated 11th March, 1876, signed by the prisoner: on the back there are the names of various persons at recipients of petty cash—I paid that cheque to the prisoner—I also produce a cheque (B) for 174l. 4s. 8d., dated 19th September, 1876, and endorsed by the prisoner; it is "for sundry dividends, for which see back of counterfoil," where there are about twenty names, amongst them the name of Cooper for 3l. 2s. 6d.—I wrote that by Mr. Pryor's instructions—the money in respect of that cheque was credited to his private account—amongst these names the prisoner appears for 139l. 1s. 3d.; that would be for dividend on his 2,225 shares—he is credited with 175l.—he gave me the difference to make it even—I produce a cheque (C) for 240l. 3s. 10d., dated 7th March, 1877, payable to the prisoner and endorsed by him; that was for dividend—on the back of the counterfoil appear, Cooper 3l. 2s. 6d., Bastaple 3l. 2s. 6d., Sleeman 30l. and other smaller sums—the 3l. 2s. 6d. to Cooper and Bastaple represents 12 1/2; per cent, on 50l. for the half-year—the whole amount of that cheque is credited to the prisoner in the cash-book—this cheque (E) for 57l. 10s. 9d., dated 12th September, 1877, is drawn by the prisoner payable to bearer—on the counterfoil is Cooper and Bastaple for 3l. 2s. 6d. for dividend, and about thirty names for small amounts; that cheque was also credited to the prisoner's account—if was his duty to pay it out in small sums to the persons named—this cheque (D) for 3l. 2s. 6d., dated 26th January, 1878, is payable to H. C. Cooper or order, and endorsed "H. C. Cooper," drawn on the Lombard Deposit Bank; it is in the prisoner's writing—this cheque (F) for 6l. 5s., dated 28th January, 1878, is payable to William Bastaple or order, endorsed by Bastaple—the last two were after I left—I produce two cheques (G and H) for 139l. 1s. 3d., dated 12th Sept., 1877, payable to the prisoner and endorsed by him; they were for dividend on his shares—in June, 1877, he told me that a sum of 409l. 5s. was to be charged to Dixon's account—I handed him cash to that amount, and he gave me his I O Us from time to time to represent it—that amount was paid by me out of the moneys of the bank—he said I was to give him the I O Us and charge the amount of them to Dixon's account—Dixon was a borrower of the bank at that time on a bill of sale—I have his account here—the prisoner told me that Dixon had gone away altogether, that they had tried to find him at Aldershot—the principal reason why these entries were made at that time was because of the half-year's balances coming on, when we should be called upon to show what amount of cash we had in hand, or what there was to represent it—it was prior to that that I had this conversation with the prisoner—I handed the I O U's to the prisoner, and charged Dixon with the 409l. 5s.—that was under the prisoner's direction—there are four items in the ledger, three on June 23rd of 100l., 100l., and 9l. 5s.,
and 200l. on June 25th—at that time Dixon had another account in the ledger—this was his last bond fide account—I dare say there were seven or eight accounts in his name; they were renewals—they began in 1875—his indebtedness was something like 600l.—I did not personally open a fresh ledger account to Dixon—I did not keep this book, it would be all done under the prisoner's instructions—I think it is Mr. Liddington's writing—I made the entries in the cash-book, and they are copied into
the ledger—on 29th June, 1877, lit. Pryor made an application to me with reference to 179l. 5s., in connection with Barnard—after a series of cross entries there was a balance of 179l. 5s., which Mr. Prior told me to credit to his private account—I was told to make an advance of 921l. to Barnard, and balance the account by paying off Dixon's 409l. 5s., giving the bank a profit of 332l. 10s.; that cleared Dixon's account off the ledger—I debited Barnard with two items 121l. and 800l.—I do not know of any loan to Barnard of 800l., no such cash passed—on 28th Nov., 1877. I received this note, it is the defendant's writing: "Draw 500l. out of Hampshire, in 100 notes, and take 100l. out of till in small notes, and send Brown on with 600l. to the Bankruptcy Court with the same." I did so—Brown took it—the defendant ultimately handed me back 100l., and told me to charge the 500l. in the books as an advance to Mr. Lee, the solicitor to the bank—I did so—some time alter Mr. Lee came to the bank and looked through the ledger, and he turned to the account in which I had debited the 500l. to him—I went with him into Mr. Pryor's room—he said "I want to know what is the meaning of this 500l. charged to my account"—Pryor said "That will be all right, I will make that all right"—Mr. Lee said "It had no business to be entered there at all, it must be put right"—he said he did not know anything about it, it had nothing to do with him, and he could not understand bow it had got there—Pryor said "It shall be put all right"—I said "But how do I stand about it?"—Mr. Lee looked at me and said "On my part I utterly deny and repudiate ever having had 500l. from the Lombard Bank"—I then went out of the room and spoke to the auditor, seeing that it assumed such a serious aspect, and when I came back Mr. Lee had gone—I did not tell Mr. Pryor that I had seen the auditor—he said "This thing must be put right; the best way to do it is to alter it from Lee to Barnard"—I said "I cannot do it"—he then said he would initial it so as to show that money had been given to him, if I would insert "per Barnard," which I did—the entry reads "Re Barnard, per Mr. P., 500l.," the he initials that—Mr. Lee now stands charged with 500l.—on 5th Jan., 1878, Mr. Pryor brought me a cheque for 500l., drawn by Barnard in favour of himself, on the National Provincial Bank of England, St James's Street branch—that is credited in the cash-book to Mr. Lee's account as per Barnard—I held that as cash in hand—Pryor said "Keep that as cash till I tell you what to do with it," and I held it till 22nd Jan., and then handed it back to him—I received three cheques drawn by Barnard on the same account, payable to himself, one for 250l. and two for 125l. each—the 250l. was met; the first of the 125l. cheques was returned dishonoured, paid in again, and was then taken up; and the last was dishonoured, but Mr. Barnard's clerk came on and took it up—they were all eventually taken up—in Sept, 1877, the prisoner instructed me to open an account in the name of James Nash, his brother-in-law—the first credit was a month's salary of his (Pryor's) of 50l., on Sept. 29, 1877; it is headed "James Nash, per J. Pryor"—on 24th Jan., 1878, Nash is debited with 250l.—this cheque (I) for 250l. is drawn from the account of Nash—Nash had nothing to draw upon at that time, he had already overdrawn about 250l.—this cheque was drawn by Pryor, to Nash or bearer—I could not understand it, and I said to Mr. Pryor, "Put it that you received it," which he did, and on the back is written Received the same. J. P."—Nash's account is balanced off on let March,
1878, with 15s. 7d.—he paid 218l. on 18th Feb., and the remainder on 29th Jan.—on 18th Jan., 1878, I received this cheque, marked K, for 121l., in Pryor's writing, payable to F. Roberts or order; the word "order" is struck out by the defendant, and the word "bearer" written in with initials—I paid that cheque to Mr. Pryor—it is the invariable rule when an advance is made for the borrower to endorse his name on the cheque, and then I was authorised to pay; as a rule I always pay the borrower myself—I dealt with that cheque in the books as an advance to Roberts of 121l.—in the cash-book it appears that there was an advance to Roberts of 121l.—in the ledger it is opened as an account, and he appears as a debtor—I did that under Mr. Pryor's instructions—there is no address of Roberts in the books—the customers always give their address—I never saw Roberts—this cheque (L) for 32l., dated 23rd Jan., 1878, is drawn by James Pryor, payable to F. Roberts or bearer—that was brought to me, and I paid it with a 20l. and 5l. notes, and the rest in gold—I gave that to Pryor—I debited it to F. Roberts.
Cross-examined by MR. WILLIAMS. I left the bank in January—the prisoner was taken into custody in April—I re-entered the service of the Dank the beginning of May—a great portion of the business of the bank was making loans on bills of sale, and transactions of that description—I knew nothing of the West Lodge Estate—I had only been there once—it originally belonged to Dixon—I knew advances had been made in respect of it—I cannot tell you how many directors there were to the bank, more than in the prospectus, about three, Colonel Mahon O'Gorman, Captain Robert Crowe, and Captain Sleeman—that is all I ever saw about that time—I never saw Barnard Allen—I never heard his name as a director, I saw it on the prospectus—Pryor was made a director in September, 1877—the three directors I have mentioned attended the bank week by week—I was not present unless called for—I cannot say what took place—there is a minute-book—this is it—the advances were reported to the directors after they had been done—I made out weekly statements—an auditor was appointed, a Mr. Wyatt—also a secretary, Mr. Tyler—there were four or five meetings at the Mansion House—I attended—one of the directors prosecuted, not Mr. Mahon—the auditor was not a witness, nor Mr. Tyler—I cannot say whether the minute-book was put in—I did not know that Pryor was, with the sanction of the directors, placed in possession of the West Lodge Estate—Mr. Gaskin, Captain Teevan, and Mr. Abrahams were afterwards directors—I was not always present with Pryor—I was clerk and cashier—I was not consulted about loans—I said I always saw the borrower, because he would have to present a cheque over the counter.
EDWARD LEE . I am a solicitor, of 1, Gresham Buildings, Basinghall Street—I became a shareholder, and have been the solicitor to this company three years—I did not borrow 500l. from the bank on 28th November, 1877—I never gave any one authority to take notes from the bank in my name—I believe my attention was called to the subject of an advance to me, and I referred to the ledger—this is the entry at folio 626, "New Account, 1877, Nov. 28, To Advance 500l."—there is a subsequent entry, which is bond fide, on 17th December, for 1,000l.—on the credit side an entry has since been made of "Jan. 5, 1878; credit, 500l."—it was before 5th January I saw Pryor with reference to my alleged debt—I asked him to give me an explanation—he did not give one, but
said something about its being all right—I said it was a frandulent entry—about a week after, I saw the entry "to credit 500l."—I had not supplied any money for that purpose—in November, 1877, I was acting as solicitor for Mr. Pryor in reference to annulling a previous bankruptcy—I attended the Bankruptcy Court on 28th November—an offer of 500l. was made to the trustee of the estate for the annulment of the bankruptcy—the offer was accepted on 30th November—I received 600l. in notes from Pryor on 28th November—I paid them into my bank on 29th November and drew an equivalent amount by my own cheque, which I afterwards gave to the trustee to annul the bankruptcy—Pryor entered my name on the list of subscribers for ten shares—I said I had no objection—he afterwards told me the numbers.
Cross-examined by MR. WILLIAMS. I acted as solicitor to Pryor at the same time as I acted for the bank—I paid the 500l. into ownbank till the matter was carried through, when I repaid the 500l.—the bankruptcy was in 1873—I knew of the advance to Dixon, and that the trustee in bankruptcy had a claim against Pryor's estate in regard to the West Lodge property—the trustee had seized the property as being within the order and disposition of the bankrupt—I aid not attend the directors' meetings till January last, not in Pryor's time—I knew Pryor was in possession of West Lodge—I do not know how he got in, but I believe on behalf of the bank—I knew the bank claimed the property under Pryor's bankruptcy—I did not see Barnard Allen—I may have been present at Cannon Street Hotel when he was re-elected a director, but I do not recollect seeing him.
Re-examined. The bank claimed in respect of the furniture mortgaged to them by Dixon by a bill of sale—there had been two prior bills of sale, and possession was taken by both holders of them—there was also a lease of the house—the property was sold by Messrs. Furber and Price—some portions were bought by the bank, and Pryor was in possession of those, I think, in June, 1877—the bank took possession of the lease—a large portion of the furniture was paid for by the bank—I think it was bought in by Pryor, then the trustee seized the property, the bank also claimed portions, and affidavits were made on both sides—the bankruptcy has not been annulled, it ought to have been—the bank did not instruct me to pay Pryor's debts for 500l.—the 500l. was paid on Pryor's behalf—he never proposed to me that the bank should pay the 500l. for him—I received my instructions to pay it, from Pryor personally—the directors knew nothing of it till the matter was over—I never authorised Pryor to pledge my credit to the bank for 500l.—I do not know Barnard Allen, I never saw him to my knowledge—in the former bankruptcy there was one large creditor and a few small ones.
ALBERT JAMES LIDDINGTON . I live in Calthorpe Street, Russell Square—I entered the service of the Lombard Bank in 1877, and succeeded Mr. Jones as cashier—on the 18th February Pryor presented this cheque marked F in favour of F. Roberts for 130l.—I believe the word "order" was struck out—I paid 112l. of the money to Pryor in notes, the numbers of which are marked on the back, and 2l. in gold—an account was to be opened in the name of F. Roberts, who was to be debited with the cheque and credited with the difference—I do not know that I ever saw F. Roberts—his address is not in the book—there is a credit entry to Roberts in the advance ledger, folio 649; of 4l. 16s., which comes from the cash-book, folio 76—the entry in the cash-book is my writing, therefore I know the
money was paid me—I do Dot remember how it was paid—the next credit entry is at page 649 in the ledger, on February 28, of 283l., which balanced off the account of F. Roberts—that is posted by Mr. Pellew, another cashier—I do not know how that was paid or anything about it—I witnessed signatures to bills of sale given by borrowers to the bank—I do not know that I ever saw F. Roberts sign, or that I ever had a bill of his in ray possession—there is another F. Roberts's account in the ledger, at page 360, a different account altogther—that Mr. Roberts has an address, and the account is still open.
Cross-examined by MR. WILLIAMS. The business of the bank principally loans on bills of sale and other securities—Pryor did not show me the securities given, but simply told me to open an account, stating whether it was by way of loan—he was manager, and I acted according to his instructions without further questions.
By MR. BASLEY. Nash's account is balanced by 15s. 7d.—from 26th January his account was overdrawn 500l., including the sums of 7l, 25l., 18l. 10s.—103l. was paid in on January 29 by Pryor, also 21l. 10s. on February 2nd, 75l. on February 16th, 218l. on February 18th—I do not see the 15s. 7d. in the cash-book.
By MR. WILLIAMS. I should receive the moneys over the counterpost-office orders came by post.
By MR. COLE. The cheques were payable to Nash and drawn by Pryor—it was understood to be Pryor's account.
HENRY CLINTON COOPER . I am an auctioneer, of St. Martin's Lane—I knew Pryor—I never took shares in the Lombard Deposit Bank—100 shares were nominated to me on January 1st, 1875, by Pryor—I never received them, nor paid any money for them—I handed the dividends over to Pryor—he showed me cheques, which I endorsed—I do not remember the amounts—this one of 26th January, 1878, for 3l. 2s. 6d., is endorsed by me—I understood Pryor merely used my name an nominee.
Cross-examined by MR. WILLIAMS. One of the directors called on me, and I paid 150l.
Re-examined. I lent the 150l.—I did not buy shares with it—the account of 150l. has been settled by my selling goods—I have no interest in any shares, and no claim against the company further than being a nominee.
WILLIAM PERCIVAL . I had offices at 46, Moorgate Street, but I have removed to 49, Cornhill—I did not take 100 shares in this company in January, 1875—Pryor told me he had taken shares in my name, that he, had paid for them, and that I was his nominee—I never paid any money for them, nor received any dividends upon them—I believe Pryor handed me this cheque to sign—I endorsed and handed it to him Again, but know no more about it.
ALFRED BERNARD CAWTHORN . I come from the National Provincial Bank, St. James's—Mr. Barnard had an account there of 167l. 6s. 11d. from 24th January—he was not entitled to overdraw, and a cheque being presented for 250l. would be referred to the manager—his account was closed on 15th June—he had 200l. once to his credit, but not for a whole day—250l. was never to his credit.
JOHN TERRY . I was a clerk in the Regent Street branch of the Lombard Deposit Bank—I kept a book of moneys which I received from persons proposing to borrow—I paid out moneys for expenses, and balanced the
book weekly, paying the balance to Pryor, who initialled the entry each week—I did this for twelve months, including October 19th, 4l. 2s. 6d.—the book commenced on October 7th, and finished on the following October 7th, and amounts to 47l. odd.
Cross-examined by MR. WILLIAMS. The account varies from 5l. to 10s.—the payments were for inquiry fees from persons wishing to borrow.
ARTHUR GASKIN . I am a veterinary surgeon at Kilburn—I am a director of the Lombard Bank, Limited—I became a director in February last—the defendant was then managing director, everything was left to him—in consequence of certain things which came to my notice an inquiry was directed into the books—there was a resolution of the board that there should be an inquiry, just towards the end of February—this is the minute-book of the Company—by the articles of association the prisoner was to have 2,100 shares—I find that he has entered himself as proprietor of 2,225—there is no minute or anything in the books that I can discover showing that he was rightly possessed of the additional 100 shares—I have investigated the whole of the minute-book, and find that he has received dividends on the 125 ever since the company has been formed—the books were put into the hands of a professional accountant—it is very difficult to detect whether many of the advances are genuine or not; there are many cross entries—the directors used to meet weekly—we received from the prisoner his report of what he had done; whether he had done it or no we did not know, we took his report—at first we had confidence in him.
Cross-examined by the Prisoner. I hold 500 shares in the company, transferred from my father—I became a director oh 19th February—the first board meeting I attended was a week after the 27th—I proposed the committee of inspection that day—I don't know whether you were a consenting party to that committee—that investigation was carried on day by day—the business did not go on in the usual way; it decreased day by day from the first sitting of the committee—I believe you were the cause of it—the board met every Tuesday—I do not see any report in the minute-book why the business of the bank was on the decrease—I have the index ledger—the number referring to the Lombard Building Society is 1034—the balance there is 925l. up to August, 1876, it is not balanced up beyond—I have heard that 6,000l. was drawn out by the Lombard Building Society during the committee of investigation—I don't know by whom it was drawn out—I have never inquired into the books of the Building Society—Mr. Lewis produced the cheques before the Lord Mayor, supplied by Messrs. Waddell, the accountants, who went through the accounts—the majority of the cheques were signed by you—I believe that all you were charged with is in the indictment—I believe the charge of embezzling 6,000l. was not gone on with—I heard that the money was subsequently traced from the deposit account into the Hampshire Bank, and placed there by you—I have not heard what the balance is—Messrs. Waddell can furnish the information—the business decreased because you would not make any advances—I think the directors had to call your attention to the decrease of the business, not you to the directors—I did not become a director at your solicitation, it was at Captain Teevan's and my father's; he put me forward, you kept me back—I was at first unsuccessful—I was afterwards elected, and requested by Captain Teevan to take a seat at the board—at that time my father and I had 1,100l. worth of shares—my
father made a proposition to you to lend 500l. upon them—there was certain correspondence with reference to your giving 1,100l. for them—it was not in consequence of not being able to get the advance that I proposed the committee of investigation—the amount of interest you were going to charge on the advance was so exorbitant that it was not possible for us to accept your terms—we did not take the loan—the interest charged was something over 20 per cent., independent of the 12 1/2; I was receiving—it is an impossibility to find who were the first directors, and that you well know—there was a person in the name of Allen who has never been seen or heard of by any one at the bank—we have made every inquiry, and no such person has been found—I have heard of the name of General Louis as one of the original directors—I find it on the minute-book—according to the articles of association the original directors should be holders of 300 fully paid-up shares—the only name I have been able to find is that of the Hon. Mr. Turnour; a certain number of shares were allotted to him, for which he never paid a farthing—dividends have been made on those shares, but he has never received any money—he has acted on the board, and received director's fees—I believe he was not an original shareholder—General Louis never had any shares; if he had, his name would be in the general registered list—the company went to allotment on 3rd February, 1875, when it was proposed that 2,100 shares be allotted to Pryor—this (produced) is the transfer script of General Louis's 100 shares; it is a script that nobody can understand; it is not tilled up—General Louis never had a share; that is your certificate in your name, not General Louis—it is signed by Mr. Crowe and Mr. Sleeman; it should be signed by three directors; it is countersigned by R. Tyler, secretary—your salary was 600l. a year, and 5 per cent. on the profits, when they exceeded 10 per cent.—since the application to the Lord Mayor for a warrant I have not acted as the principal director of the bank; I have acted in conjunction with the other directors, Mr. Abrahams and Captain Teevan, who has now resigned—you were charged with stealing 1,400l., and in March with stealing a further sum of 1,000l.—I believe some of the charges fell through—you were charged with stealing shares—I did not charge the other directors with the same crime—there is a suit pending in Chancery—I am acting under the advice of legal gentlemen, and was so then.
Re-examined. On 16th March, 1875, Pryor is debited with 1,971l.—that is a miscast in his favour of 1,000l., and that error is carried on; it was discovered and traced back—there is no trace in the books of General Louis ever possessing a single share, or of having paid a sixpence on them—the Hon. Mr. Tumour is put down as an original director; he never had a share, and never paid a farthing—dividends were paid on 100 shares supposed to be his—Mr. Pryor received those dividends from the commencement—I never heard of the name of Mr. Barnard Allen—he appears as a director; as far as I am able to trace there is no such person in existence; he never was seen by anybody at the board, either by the officials or the other directors—he appears as a shareholder; he has not paid a farthing—his dividends have been paid regularly, the prisoner received them—I know nothing about the Lombard Building Society—certain false cheques were found with regard to the Deposit Loan Company—I handed them to Mr. Lewis—the business decreased the very next day alter the committee of investigation entered on their
labours—the prisoner said it was in consequence of the committee sitting that he would not make any advances—I had ascertained that the former business was real and genuine—some of the loans were fictitious, Roberts's loan was afterwards—while the committee was sitting we proposed that a person should go round and investigate the securities, but a block was put in the way, that the expense would be so enormous, and it fell through—it was carried on for about a day, but at the prisoner's suggestion it fell through.
By the Prisoner. I attended the general meeting on 8th September—I heard it proposed that Mr. Crowe and Mr. Allen be re-elected as directors—there was nobody to fill their places—Allen was named, but he was not there, only Mr. Crowe and Captain Sleeman (Allen was here called in)—I have never seen that gentleman till I saw him outside—that is not Mr. Allen—that is a Mr. Barnard, of Bishopsgate Street, a money-lending gentleman—we have just seized the furniture of the bank from his place—it was given to that person by you, and we seized it.
JOHN TERRY (Cross-examined by the Prisoner). In August or September, 1877, I was engaged by you as manager of the bank as a possession man—you subsequently promoted me to the management of the office in Regent Street, about 7th October; I continued there till the office was closed, and then came to the bank, the principal office—in March some of the directors called in Regent Street and told me that a new manager was appointed, and I was to retire—I was discharged—I remained where I was—I went and told you that I had instructions from the directors, and you told me to remain—the directors took up a book and they took away the key of a back door—the chairman said he should fetch a policeman and turn me out, but I heard nothing more—during the time I was there I looked to the bank for money, and I received it front the bank—the cashier gave it me every week—this is the inquiry fee book—there is no entry there of my having received cash from the bank to carry on the business at Regent Street—I never had any—I took it out of what I received, and handed over the balance—on the first day of my entrance you gave me 2l. to pay expenses, and that was the only money I had from you—you gave it me as manager of the bank—I always went to the bank every week and paid the money in—I kept this book all the time I was there—this is the record of all the fees I received—it amounted to 47l. as near as possible—I am not now acting as manager of the bank—I act as corresponding clerk—I have a room to myself—I don't know whether I am manager or secretary—I have not been promoted in consequence of your arrest—I hold the same position now as I did when you were there—I can't say that the furniture was removed by you when I left the office—it was there for a considerable time after I left Regent Street—it was shut up, and I left on 7th October—nobody else was appointed to my knowledge—the directors discharged me in the spring, but I maintained my position in spite of them—they had no charge to make against me.
Re-examined. I remained there for several months afterwards—when the office was closed I went to the chief office and I have remained there ever since—the balance was cast every week, and I handed over the money to the prisoner, and he initialled every sum—all the moneys I received from selling shares and from deposits were paid over to the cashier of the bank, all the large amounts—it was money for the petty cash and fees that I handed over to the prisoner, and he pat it in his pocket—what became of it I don't know.
EDWARD TOLLER PELLEW . I was a clerk in the Lombard Bank four days before the entry of 28th Feb.—this is my entry in the cash-book under that date, "Roberts, F., 283l." as a receipt by me; it is entered on the receive side of the cash, and I see another subsidiary book where in I believe I receive 100l.—I got a Bank of England note for 100l., I have not recorded from whom, I presume I had it from the prisoner—I can't say in what shape I got the remainder to make up the 283l., but I see on the opposite side a contra entry, "Paid the Lombard Building Society 224l. 8s. 1d., which appears to me a part of that entry—it appears to be made up by that cross entry; I can't charge my memory, I believe so—the effect of it is this, that by a cross entry of 224l. and a 100l. note Roberts's account is credited with 283l.—no receipt was given for the 283l., and no cheque was drawn for the 224l. 8s. 1d.
Cross-examined. I balanced the cash every night—I received the 283l. in some form—I have entered it on the receive side—it need not have been received by cash, cheque, or note, I may have received it by a contra entry—my memory is that I received 100l., but how the balance was made there I cannot tell—it may have been by cash or cheque—the whole 283l. may have been paid—it is not usual for a contra entry of the Building Society to appear; it does appear frequently.
Re-examined. There is an alleged payment to the Lombard Building Society of 204l., and an alleged receipt by F. Roberts of 283l.—to the best of my belief there is no cheque to show the payment; it is simply an entry—I think in some cases of payment to the Building Society it was done by cheque; I am not positive—if I was directed by the manager I should pay a cheque without a voucher.
ARTHUR GASKIN (Re-examined). I was present at the police-court—the name of Mr. F. Roberts was mentioned as having no address, and there being no means of finding him—Mr. Lewis said he would use every means in his power to endeavour to find him, if there was such a person—the prisoner said there was no address; there was no such person.
By the Prisoner. I mean to say that you said there was no such person as Roberts—Mr. Lewis said he would make inquiries for him at his own expense—there is no address in the index ledger—it was your duty to see things properly carried out, and not to make advances to persons without an address.
Re-examined. That is the only instance in which there is no address to a borrower.
Cross-examined. I went to Chapel Street, Islington, where a Mr. F. Roberts had lived about twelve months since—when I arrested you you were performing your duties in the ordinary way—you wished to see the books—you said you did not understand it at all, you had been drinking wine with the parties before and the thing came on you like a thunder-clap—you referred to the date of 16th March, 1875, and said "There are only four items here, and they don't enlighten me at all."
WILLIAM GEE WADDELL . I am employed by the firm of J. Waddell and Co., and have been employed by Mr. Lewis in reference to certain specified matters in the books—this book, called the share register, has been used as a share ledger—at page 20 there is this entry "Cooper, Henry Clinton,
Auctioneer, 10 Upper St. Martin's Lane, W. C.; number of shares 100, Nos. 1 to 100," and under the column "Paid on Allotment" 50l. is entered under the dated of January 1,1875—there is no reference folio to the cashbook or any other book from which the entry has been made—at folio 83 of the cash-book I find this entry: "Cooper, H. C., debit of cash as money paid in on deposit 150l.," and in brackets, as an explanation of the 150l.,"capital 50l., in deposit at folio 1102, 100l."—that is the only trace of the coming in of 50l. capital—I have not investigated whether there is any entry of the repayment of Mr. Cooper of the whole of his 150l.—I am not aware of any—there is an entry 6l. 5s. as dividend on the 50l. from 1st January to 31st December, paid in March, 1876—the counterfoil 2002 shows that the shares 1 to 100 are registered to Cooper—this purports to be a copy of the returns filed to the Joint Stock Company's registry on 20th January, 1876, in which he is registered as shareholder for ten shares only—on 19th September, 1876, and 7th March, 1877, 12th September, 1877, and 31st January, 1878, there are entries of four half-yearly payments of 3l. 2s. 6d. for dividend on Cooper's 100 shares—in the next page of the share ledger there is "William Arthur Charles Bastaple, financial agent, 49, Cornhill, 100 shares, paid on allotment 50l.; date of entry as member January 1,1875; Nos. of shares 101 to 200"—I have not been able to find any reference to the cash-book as to the coming in of that capital—there is no folio—dividends are credited to Bataple by journal entries on 31st December, 1875, 6l. 5s.; on 30th June, 1876, 1l. 5s. and 1l. 17s. 6d., and a cash payment on 16th November, 3l. 2s. 6d., a journal entry of the 1st January, 1877, of 3l. 2s. 6d., and a balance carried down 30th June of 9l. 7s. 6d.; then on 1st July, 1877, that balance is brought down and 3l. 2s. 6d. is entered as having been paid on 7th March, the dividend for 1875 being still due, and then that is carried on, and further payments are entered down to 29th January, 1878, therefore the whole dividend for the three years has been paid—at page 81 of the share ledger the heading is "Pryor, James, bank manager, 43, Lombard Street, E. C.; number of shares 2,200—in the column for allotment 2200; date of entry as member January 8, 1875; folio in the share ledger 41, Nos. 2025 to 4124, that would be 2100, and 4125 to 4224, 100; also 25 shares, 25l. paid on allotment"—I also find in the share ledger that dividends are paid in respect 2,200 shares 137l. 10s. is credited on 31st December—the transfer produced is a printed form of transfer, but it is not stamped, and there is not any consideration money or any execution by the transferee—Pryor's name does not appear for any shares in the first list returned to the Joint Stock Registry on 5th May, 1875—in that filed on 20th January, 1876, he appears as a holder of 2,200 shares, and on 31st October, 1876, 2,225 shares—by reference to the share ledger I find the amount of dividend credited to him on 31st December, 1875, is 137l. 10s., that would be on 2,200 shares on 12 1/2; per cent., and there is a further entry 3l. 2s. 6d. on the same date as dividend on the 25 shares—in Cooper's account the money entry is in a totally different writing to the rest of the entry; but I am unable to see that there has been any erasure on that spot—Bastaple's is also in a different handwriting to the rest of the entry, and I am also unable to say that that is an erasure.
Cross-examined. This is labeled "share register," but it has been used as a share ledger—I am not acquainted with your handwriting, more than appears in certain of the books—this entry as to
Cooper's shares is not in the handwriting that has been pointed out as yours—referring to the cash-book of 3l. st December, 1875, as to Cooper's shares, I find on the debit side as of money received 150l. paid in by Cooper on deposit, explained with the subsidiary entry "Capital 50l. and deposit 100l."—the 50l. would represent 50 shares at 10s. each—this certificate 2002 corresponds with the counterfoil—there is no entry of any withdrawals—this is the share certificate 2003 corresponding to the counterfoil made out to Wm. Bastaple—I have not been able to trace any payment by Bastaple in respect of those shares—this certificate is No. 503 relating to shares 2205 to 2224 issued to you—this transfer deals with those shares—they are now standing in your name—there is no record of a transfer in the books of the company—this transfer is stamped and duly witnessed—the transferor is James Pryor, and the transferee is Robert Crowe—I have not investigated the 25 shares—I have particularly investigated certain specified accounts, but I have not instituted any general investigation or examination of the books of the company—I have investigated certain charges, but I have no knowledge of the particular charges upon which you were arrested—Messrs. Waddell have not made a report to the directors with reference to the books; they made a report to Messrs. Lewis and Lewis as to certain particular accounts and particular shares, and they have expressed an opinion that the books have been negligently kept—I endorse that.
Re-examined. This transfer is not executed by the transferee—it ought not to be in possession of the transferor—the figures underwritten in pencil seem to be the same.
The following witnesses were called by the Prisoner.
EDWARD LEE (Re-examined). The body of this letter is in my handwriting—it is a letter from you addressed me, dated 17th December, 1875: "Dear Sir,—It is understood that as against the loan of 300l. borrowed by you for yourself and Mr. Crowe, you have deposited 400 shares, and upon your repaying the loan I undertake to hand you script for the 400 shares." I have no doubt that arrangement was carried out—I don't quite recollect what those figures refer to—I don't know whose figures these are in the body of this transfer of General Louis's shares—I have no recollection of putting in those figures in pencil—it is witnessed by a clerk who is still in my employ—the figures are not mine—this other document purports to be a transfer from yourself to Richard Sleeman of 100 shares—I don't know what this is for—I see it speaks of a transfer of 400 shares, but I don't recollect what they were, it is two years and a half ago—no doubt I gave 300l. in consequence of that—I don't recollect whether these shares were assigned to you as security for the 300l.—as far as I recollect I was about making an advance to some person to get them out of some little difficulty, I had not sufficient money at the time, and some arrangement was entered into with you on behalf of the bank—none of the money went into my pocket—I became responsible for a person—no doubt the advance was made upon certain transfers, the scrip not being printed.
By MR. COLE. Whatever the transaction was it was with the company, and not with the prisoner personally.
them—you subsequently bought them of me for 50l.—I don't recollect your paying me money—you took them of me at 10s. a share—this is a transfer from General Louis, and in the body it is stated that he had 100 shares—I had lent General Louis 50l. on his shares—I had not the certificate, merely the transfer—I should think the money was advanced in December, 1875.
Cross-examined. I never saw any scrip for those shares to my knowledge—the money was paid by me for General Louis—I knew him personally—he lodged the transfer of the shares with me, and it was taken out of my hands by Pryor—I was not aware that no shares had been allotted to General Louis—I believe that shares had been allotted—I don't know who General Louis got the transfer from; he merely handed it to me—the shares never stood in my name—I think I know the writing—I will not swear this is the document that was handed to me, I suppose it is—it is a blank transfer; it is signed and witnessed—all I should have had to have done would have been to put in the consideration and the particulars of the shares, and I could nave lodged it in the office—it is done every day—I could have completed the transfer m the ordinary way—it might have been a fraudulent one—I did not see the scrip—I see it now; it is scrip of Pryor's—the intermediate transfer never came into my possession—if Louis had nothing to transfer it was fraudulent on his part, he had no right to borrow the money—I paid the money for his benefit—he borrowed the money of me on the security of that transfer.
Re-examined. General Louis is a major-general in the army—I think he was at one time a director of the bank, I am not sure, I will not say.
RICHARD SLEEMAN . I am one of the directors of the bank, and have been so since its formation—General Louis was one of the original directors, and was sometimes chairman in the absence of Colonel Mahon—under the articles of association 100 qualification shares fully paid-up were allotted to General Louis in consideration of his becoming a director—he attended regularly for some months, and performed his duty like any other director—he sent in his resignation in consequence of leaving the country—I believe this is his signature to this transfer, and this is my signature to the certificate—I think it is the custom of the office on buying other persons' shares to have a fresh certificate, and to cancel the old one on payment of a shilling—I believe I was one of the contracting parties to your appointment as manager—the salary was to be 300l. per annum, payable monthly, and 5 per cent. on the profits after the shareholders received 10 per cent.—to my knowledge no moneys were paid to you beyond your salary—it has never appeared in the minute-book as far as I recollect—the signature to this certificate of Bastaple's shares is my writing, and issued by the directors in regular form—it is the practice of the directors to have a regular weekly balance sheet before them—I have one here, showing the different business done for the week, the money advance 1, and the money received—one of the items is for shares alone, and every week the directors compare the amount received on the share capital before issuing their certificates—we see that the money is paid before we sign the certificates—there is a list brought down from the clerk in the office to show that the money is paid, before we sign the certificates—I have no means of fixing the date upon which the first
certificate was signed—they purport to be dated 1st January, 1875—I cannot recollect when they were printed—I considered that we were doing everything as regularly as we could, and consistently with our duties—I am a member and director of the Lombard Building Society, and have been so from the commencement—in 1868 or 1869 large sums of money would be passing through your hands continually—you were the manager—no complaints were ever made of any irregularities in the way of deficiency of cash.
Cross-examined. General Louis was an original director, he was elected by the board of directors—I was present when he was appointed—he was proposed by Colonel Mahon—the prisoner got up the company—he asked me to become a director—I cannot tell you who valued the business; it was represented to be worth 2,100l., by others besides himself—I cannot recollect at this moment who they were—General Louis had 100 shares—I did not say he had an allotment; they were assigned to him—I have 100 shares, they were paid for for me, I saw the money paid—I did not pay for them; the money was lent to me to pay for them—I believe Mr. Pryor paid for them—at first I refused to become a director on shares being given to me, unless they were paid for, and of course I would not be satisfied to sit on the board till I saw they were paid for—I cannot show you any entry of the payment—I took all the dividends upon them, and I took director's fees for my attendance—I am not a major, I am a captain retired from the Royal Limerick Militia—I became acquainted with the prisoner some years ago, and he asked me to join the Building Society, and I did so—I can't recollect who introduced me to him, it is 10 or 15 years ago—I did not borrow and lend money, never—I joined this money-lending business, as I had nothing else to do—I did my duty, and I defy anybody to say I did not—I have always done my duty in every situation of life—I remember the Short Lengths Timber Company, Limited, I have reason to recollect it—I was summoned before the Lord Mayor, Mr. Alderman Lusk, about it, for fraud—I had not taken money from a number of poor men, never a shilling, nor a sixpence—I was summoned because our manager took the liberty of putting advertisements in the papers that we knew nothing about—I was a director—I forget whether I paid for my shares in that company, I know I paid 100l. odd afterwards, for which I did not receive a single shilling—Mr. Lewis knows all about it—I paid 15s. in the pound before I was let go—I have never been a director of any other company, and never will again—I used to attend the board at the Lombard Bank—we left a great part to the prisoner, not everything—I did what the other directors did—General Louis remained a director two or three years—the O'Gormon Mahon was a director when I joined—the other directors were Captain Crowe, Mr. Turnour, Captain Teevan, and Mr. Gaskin—we did the usual routine—I did my duty, whatever it was—I signed different things—we inquired as far as we could whether things were right and proper, we could not do more—we inquired of the clerks, not of the prisoner—he was appointed managing director by the general meeting; the directors had nothing to do with his appointment—I inquired from the clerks, Mr. Jones and Mr. Liddington, if the returns were correct according to the books—I inquired about the proposed borrowers as far as I could; I asked the secretary and the manager whether they were good or not, and Mr. Gaskin always made the same inquiry—I have no recollection of the advance to F. Roberts, I never
heard a word about it till in this Court—I never heard Mr. Lee complain about the false entry of 500l. till at the Mansion House; I recollect that there seemed to be some misunderstanding between Mr. Lee and the prisoner with respect to some entries in the books—they had a discussion among themselves in the board room, and the prisoner tried to explain to Mr. Lee that such was not the case—I considered it was all explained away at the time—I sometimes signed the cheques, and so did the manager and the other directors—the drafts on the till were signed by the directors present—I think the manager had authority to do so—the money was lodged in the till—the board only met once a week, and of course people came for their money, and they could not wait for it—I did not examine the till, I did not think that was my duty; the clerks had given security for that—I was not aware that in 1877 the manager had drawn out 409l. on I O Us of his own, he did not report it to me—I never heard it.
Re-examined by the Prisoner. When the weekly balance-sheet was signed it was put in a drawer or box in the board room with the minutebook—you had no access to that box to my knowledge, I never knew you to have a key of it—I have not since your arrest seen a bundle of the weekly balance-sheets in the hands of the directors—I saw some in Captain Teevan's hands—each of the balance-sheets was copied into the minutebook, and the supplemental balance-sheet would be pinned to the balancesheet and put away by the directors—the secretary was obliged to keep the balance-sheets—each director had a list of the borrower's names—previous to leaving Ireland I was a County Magistrate 35 or 36 years—I have a family of eight children, all brought up respectably, and all doing well.
HENRY JONES (Re-examined by the Prisoner). Dixon's address was West Lodge, Clapham—he appears to have had considerable transactions with the bank, extending over a period of eight or nine months—the bills of sale were renewed every 21 days—every advance made to him was a fresh advance, and every one opened in a different folio—Dixon had nothing to do with the 409l.; he had absconded at that time—the last bona fide account of Dixon was on April 9th, and in January you told me to open a fresh account altogether, of which Dixon knew nothing—he had perhaps from twelve to fifteen advances during the eight or nine months, but all relating to the one transaction; they were renewals—on 9th September an advance was made to Dixon of 340l., and on 18th October 380l.; that would be additional interest; of course the interest would be increased as it went on—in June he owed 600l. as the balance of these accounts—there was no cheque drawn for 921l.—I have hunted every one, and there is no such counterfoil in Dixon's name; the advance was to Barnard—Dixon had nothing to do with it—on 23rd June there is 100l., and on same date 100l. handed to you on your I O U, and 9l. 5s. and 200l. on the 25th—it is the custom when a clerk goes out with money to leave an I O U for the amount, but only for small amounts under 20l., except as to yourself; your I O Us occasionally amounted to 1, 300l. or 1,400l.—I don't know what you did with the money—the 409l. was paid by the presumed advance to Barnard—I made no advance to Barnard; I never saw any security for it—I received the 409l. by contra entry, as I explained yesterday—the presumed disbursements to Barnard amount to 921l.—there is an imaginary profit shown to the bank of 332l. 10s.; the bank has never had the money or the property.
By MR. COLE. The 332l. 10s. means this, that the bank would receive that on the transaction supposing it was a bond fide advance, but there was no bond fide advance whatever.
WILLIAM FURBER . I am an auctioneer—in June last Dixon, of West Lodge, was indebted to me—I took steps to enforce a bill of sale that I held; I was the first mortgagee; I paid about 200l. arrears of rent on the house—the bank gave me notice that they claimed the property—I sold on the 15th and 16th June, 1877, under my mortgage; a large quantity of the property was bought in; we acted in conjunction with the Lombard Bank—I put up the lease for them as well, they being mortgagees of the lease—this is a copy of the account of the goods they bought, amounting to 542l., with the addition of 116l. that I received from Dixon—I was paid for the goods bought by the bank with cheques for 179l. 5s., 200l., and 9l. 5s., and a 100l. bank note, and there was a cheque for 47l. 10s. of a person who was indebted to the bank, for whom we were instructed to act, and we also received deposits amounting to 6l. from two of the agents who bought in, making a total of 542l.—Dixon absconded some time in the beginning of July; he had made false declarations that there was no previous bill of sale—I have received all these amounts on behalf of the West Lodge estate.
JAMES PUGH . I acted for and on behalf of Dixon at this sale, and bought in for him to the amount of rather over 600l. in the two days—I have a credit of 5l. for my services in that matter—I had that 5l. from you.
WILLIAM BARNARD ALLEN . I am a director of the Lombard Bank, and also of the Lombard Building Society; since 1874 as to the Building Society, and 1875 the Lombard Bank; I was re-elected at the last general meeting in August or September—I had an interview with one Dixon, from West Lodge, in June last; he saw you first—I received certain instructions, and acted under the bank's instructions—I paid 44l. 10s. for what I bought for Dixon, in addition to that which they bought—I saw Dixon afterwards; he came to me and said he was afraid he should be made a bankrupt; I had a transfer of 801l. and a bill of sale for 121l., making 921l.—this is the bill of sale; Dixon executed it to me for 121l,; the 800l. was a hire note—I have since seen that hire note in possession of the bank; it was used in conjunction with the bill of sale in certain bankruptcy proceedings—the bank claimed this property; in fact, they claimed all—on 28th November I had 940l. in deposit with the bank—I held no security for that, only a deposit note acknowledging my right to the money I deposited there—I did not withdraw that amount; I deposited it with you for your bankruptcy; they were clearing out my place at West Lodge; I gave the deposit note to you, and you passed it on to the cashier—the conversation about it at the office was, "If Mr. Barnard should require any money, and send for it, send at once to the bank"—the note was left there—I went to the Bankruptcy Court, and in consequence of certain conversation there 600l. was sent for, and I saw 500l. pass from you to Mr. Lee—we then went on to the bank, and you returned the 100l. to Mr. Jones—he asked you where was the 500l., and you said, "Mr. Lee has it"—I have never seen the deposit note since I left it there that morning; my account has not been credited with that 500l.—I kept an account at the National Bank of England—at the last day of the year, to the best of my belief, 1,390l. stood to my deposit account at the Lombard
Bank—I have not made any deposits at the bank since—you informed me that the 500l. had not been charged to my account—I gave you a 500l. cheque in consequence of that; I asked you to hold it back for a day or two, because I had taken one or two of your securities off your hands, and, being bad securities, I could not get my money in—I wanted to withdraw more money, and I could not—the 600l. cheque was given back to me, and I gave you one cheque for 250l., and another for 125l.; they were both paid through my bankers; another cheque for 125l. was dishonoured, but I sent the money in gold, or I brought it and gave it in myself; they were all paid at last; the whole 500l. was paid immediately on my being asked for it—I asked you to send for the 500l. from the Bankruptcy Court—I had enough at the bank to meet 250l.—the 250l. is entered in my pass-book as paid on that day—I carry on a business in Bishopsgate Street as a furniture dealer; I am a moneylender as well, or a financial agent—furniture dealing is my business, and my business name is William Barnard—I am in the habit of making advances—I have had money from the Lombard Bank to travel about the country with to make advances—I have acted for the bank in all parts of the country—my last journey was to Newcastle—I believe I brought some money from there for the bank, the amount I could not tell; to the best of my belief it was about 90l.; it was money I had gone to collect—I have introduced advances to the bank on many occasions, and as a director I have taken money from the bank and carried out those advances—I have had three transactions with one Roberts—he called at my place of business—he had an address and I have been there, but have not been able to find him—he asked me to advance money on wine warrants—I said I did not understand it—he said "I leave them in your hand, do the best you can"—I afterwards saw you—you advised me to advance 113l.—you said they were good security, and you advanced upon them 113l., 8l. bonus—I think it was on 18th January—on the 23rd be applied to me for 32l. on the same warrants—I got that from you—he then applied to me with some more warrants, and you advanced 112l. on those, and charged him 18l., making 130l.—I carried out that advance, and I accounted to the bank for all the moneys I received—the interest was 26l.—I considered that fair—I know I paid you back the whole amount, 283l., in less than two months—I attended at the Cannon Street Hotel the last time—I saw Mr. Gaskin there and had conversation with him—if he says he did not see me it is not true—I also saw Mr. Gaskin, senior, there—I believe Mr. Lee proposed that I should be reelected a director—this is the report and balance-sheet issued by the bank for that meeting—all the directors know me, and I am in the office every day—I have been in constant company with them up to the day of your arrest, and with the solicitor of the bank; except I might mention one, Mr. Gaskin. (Mr. Gaskin: "I never spoke to you in my life; you were never at the bank; I never saw you at the bank.) I must contradict you—I had a reason for not being at the bank recently; I did not like Mr. Gaskin's manner, and I told you I should not call at the bank—I have been a director of the Building Society since 1874; they had offices in Regent Street; they were closed about three or four months ago; the closing up was 10 months ago I should think—I had furniture, I took it from there—you were manager there—the Building Society received money for shares sold—the furniture at Regent Street was yours—nothing
else but money taken on behalf of the Building Society was accounted for to the bank or the Building Society, only fines, not the fees—the fees were received on account of the Building Society and the bank, but they were not accounted for to the bank because the furniture in the office belonged to you; you paid the clerks out of the money; the offices were yours and the furniture was yours—it was never the bank's furniture to my knowledge—I have resided at West Lodge since Dixon absconded, and I am in possession there now—the furniture is the same as was bought on behalf of the bank; the bank has taken possession of it and retained it—there is ample security there to repay them for all the money advanced; there is more furniture there, because I took my own there.
Cross-examined by MR. COLE. My name is William Barnard Allen—I trade in the name of William Barnard—this bill of sale is to William Barnard; that is part of my name—when I am a director my name is William Allen; it is not an alias; it is my name, my godfathers and godmothers gave me that name, they gave me three names—what shares I have had in the company I have paid for; I will swear that; I cannot show it you in the cash-book—I am brother-in-law to Mr. Pryor—Sarah Barnard is my wife—she is Sarah Allen, but I have entered the money in there for my wife's sake in my trading name; it is entered in the Lombard Deposit Bank, at least they have kept possession of it—there is money entered in my own name, I can't say how much; if there is not there ought to be, 152l. 10s.; you will see it I think in the share list—Pryor knew who Sarah Barnard was; it was my wish; because I did not wish to see her name there for that amount—I had other moneys entered besides that—her name is not entered as Marian or Mary Allen—I am sure I have got a wife, her name is Elizabeth—it is not Sarah Barnard, but Elizabeth Allen—it was her wish that it should be entered in the name of Sarah Barnard; she likes the trading name better than her own, it is a matter of business—I am socially Allen and commercially Barnard—I will explain; you see I am a director of the bank, and I do a little money-lending business myself, and I did not wish my name to appear as if I was in the bank—I have no other name—I changed my commercial name to Barnard about two years ago; it was not wholly owing to my joining the Lombard Bank, partly—my brother-in-law did not suggest it, I suggested it myself—I have appeared at the bank as a director—I do not think I ever attended a meeting of the directors there; not on the board, I don't think; not to my knowledge—I used to go downstairs; it is a cellar; you may call it what you like; the board-room is under ground—there was always plenty there without me—I took director's fees for my attendance—I had no shares allotted to me, I bought some; I will swear that, and paid for them—I cannot show you the entry in the cash-book although I am a director—they were made out for me and I paid 152l. 10s. in money—I paid it some time last year, but I could not give you the month—I paid for other shares before that, I bought some earlier you will find—I paid for some last year I think it was—I paid it in money, to the best of my belief it was in notes and gold; I could not tell you the date—I bought 205 shares; I believe they were bought all at one time; no, I don't think they were now I come to think; it was in 1877 I think—I should not like to swear it was in 1877, it might be a month before, I won't say after—I can't tell whether I bought them all at the same time; I know very well the
quantity of shares I have got, but I can't swear when they were bought—I commenced being a director in 1875—my qualification was five shares—I think that was the first lot I bought—I got them through Mr. Pryor, I believe—I don't think I paid for them—I am Wm. Allen, Merchant, of Powis Gardens, Kensington—that "100 shares on 1st January, 1875," refers to me—now I come to think on it, I shouldn't be surprised to learn that I got five separate shares on 1st January, 1875, and 100 shares in January, 1876—I have paid on the last lot, but I think not on the first—I should not like to swear—I cannot fix my memory—I have had the dividends paid me ever since—if my brother-in-law received it, I suppose he would give it to me—Charles Barnard is not me, I swear that—I know a party of that name—I don't know who he is—I do know, but you wouldn't know if I told you—he is in Court, and you can call him to answer for himself—he is no relation of mine—there is no mystery at ail in it—James Barnard is his brother—I don't know exactly what profession he follows—I suppose they would be between 20 and 30 years of age—I introduced them—they are not nominees of mine—I swear I gave my cheque for 500l. to my brother-in-law—I could have had the money to meet it within an hour afterwards, if I wished—I went into the country, and I afterwards gave in exchange three cheques—I got the money to meet them through the Barnard business—I swear it was not supplied through my brother-in-law—I am a merchant as Allen—I buy anything—I bought in the furniture for the bank, and paid part of the money to the bank—I bought in the furniture at West Lodge for the bank, not all, the bank bought some—I am not claiming it myself—I have not been disposing of some of it—there is more than there was—I claim to this extent, that there is a good deal more furniture than what was advanced upon it—there was 588l. 5s. advanced upon it, and they want to charge me 921l., and I object—I am the mortgagee—I am claiming it through myself—Pryor is living with me, as he always has done—the bank ought to thank me, I think, for saving the furniture as I did, or rather the goods—Elizabeth and Sarah live there—the bank pays the rent—we have been there since June, 1877—I have not been there the last two days—I should not think they were moving the furniture—neither I nor any one on my behalf have been moving the furniture there to-day—I did not talk it all over last night.
Re-examined. I was one of the signatories to the original articles of association in the name of William Allen—I have obtained an injunction from the Court of Chancery to prevent any proceedings being taken by the bank—I do not owe the bank a farthing on West Lodge—I have paid back every item owing by me—they still demand 300l. odd interest—they have taken possession and they are in possession now, and were till I locked the door and locked them out.
By MR. COLE. The interest was tendered by my lawyer—it has been offered to them, and they won't take it—they have taken the 300l.
By the Prisoner. The proceedings on the injunction stand adjourned till next Thursday—during the last two months the property has been in the possession of the bank—I have other property besides of the approximate value of between 2,000l. and 3,000l., independently of the bank's, and it is in reference to that as well that the injunction is obtained—being a director of the bank, I have an office in Bishopsgate Street, and people have one or two bad debts which I have taken off their hands, and it wouldn't
do for me to take it in the name of Allen and trade in Bishopsgate Street in the name of Allen, when they were sending customers to me to take it off their hands—I find I have paid large sums of money to the bank in reference to these securities, and most of those have been money that I cannot get in, therefore I have lost it—if the bank had a rotten security, they used to put it on me—Mr. Hiscock is the landlord of West Lodge—I have paid him 45l.—the rent is 200l. per annum—I paid two quarters' rent—I have only been there three quarters—it was a misunderstanding if I said I did not pay any rent—when the property was removed by the trustee in bankruptcy, you took your property away, and some of the other property as well—the amount of the furniture was estimated at about 3,000l.—I paid 500l. for a release of that and the bank property—it is there now to the best of my knowledge.
EDWARD PLAYER . I am managing clerk to Messrs. Fry and Hudson, solicitors, Mark Lane; they are solicitors to Mr. Barnard—we acted for him in November last, and obtained an injunction against the trustee in Pryor's bankruptcy—I was at the Bankruptcy Court on 28th November; I saw Barnard there—I did not see any money handed over—by the terms of the settlement of the bankruptcy 500l. had to be paid—the injunction is in reference to the property at West Lodge.
RICHARD WYATT . I am an accountant—I have audited the books of the Lombard Bank from the beginning of 1876 to the end of 1877—I have been auditor almost since the bank commenced—there were no books at all when I first commenced auditing the accounts—the books were always in a disgraceful state, something shocking—I complained repeatedly and asked the shareholders to remedy it, to appoint a proper book-keeper and cashier, of neither of which complaints did they take the slightest notice till the beginning of this year, when two respectable gentlemen for the first time were called in to do the books—this is one of the complaints: "Among the most prominent instances of bad booking and inaccurate statements, I refer to the accounts of Bastaple, Cooper, Lee, and others, &c."—that is a letter addressed to the chairman by a gentleman in my employment, signed by me—in auditing the books in January I think Mr. Lee appeared as a debtor for 1,700l.—I think there was a separate entry for 200l., and another entry for 500l. and 1,200l. in one account—Mr. Lee had been in the habit of going through the accounts with me, because he was solicitor to the bank and had the conduct of many of these accounts; and it appearing to me rather peculiar that he should have 500l. to his debit, I called his attention to it, and he stated that he did not owe it—I asked Jones, the cashier, about it, and be said it was all in order, that he had had the 500l.—I then went to Mr. Lee's office; he at first repudiated the 500l.—he then stated that the money had gone through his hands, that he had paid it into his bankers, and to the best of my belief he said it was in reference to Barnard's matter—I said that was sufficient for me as auditor, and I passed it—I have subsequently seen the account; but I do not vouch for it officially, because it is since 31st December, 1877, and I have not examined the books for the current half-year: it shows that the 500l. has been paid back—the bookkeeping had been simply disgraceful; you could not trace where a cheque or note came from, or whether a payment was by cheque, post-office order, or otherwise; there never was an account or voucher taken—at the beginning of this year I instituted a system which now works well—it
was my habit when casting the money in the till the first day of the year to sign for it—I counted the money the first day of 1876—there is an entry here of 150l. to the credit of Cooper—on 27th August there is an entry of 50l. paid by Mr. Ellis that still stands to his credit; it has never been withdrawn—this paper (produced) is my writing; it refers to certain bonuses or amounts paid by Dixon and Barnard; but that I do not vouch for, only the amount of cash: this is an extract from the general ledger of the bank—Barnard and Dixon jointly owed 1,200l.; it is only a rough list taken out without any specific purpose: it shows the amounts that have been advanced to Dixon and the amount of bonuses—by this cashbook of June 23rd two sums appear to be paid off Dixon's account, 454l. 15s. 7d. by Furber and Price, and 409l. 5s. by Barnard, to make up 863l.; that pays off the previous advances to Dixon—there is 921l. advanced to Barnard; that appears in the books—I can vouch for it as a cross entry—the payments and receipts balance, 864l. 0s. 7d. is received on account of Dixon, part through Furber and Price and part through Barnard—179l. 5s. is debited to you on 22nd June, and on 29th, the 179l. not having been paid back, is added to the 409l., and 333l. is the bonus—I know nothing about it except what the books record—I have audited the accounts; but I don't know what the money was advanced for or received for—I have come across items for payment of rent for Regent Street and for salaries of the employes, but none for fees—in the first instance I charged a certain portion of the working expenses to the Lombard Building Society, and then, I think, as far as my recollection goes, the idea was abandoned—I have no receipts or vouchers for furniture bought by the bank for the Regent Street office.
Cross-examined by MR. COLE. The bank paid the rent and Mr. Terry's salary—I find no credit for payments received by Terry—I complained of the bad book-keeping—the books were to a great extent under the prisoner's control—I suppose everything was under his control, clerks, books, and everything—I believe he had the absolute power of discharging the clerks and appointing others—he was the person primarily responsible for the whole—I complained as early as September, 1876—entries were made derived from no source whatever, not fictitious, unauthenticated entries—I found 500l. debited to Mr. Lee—I don't know that that was done by the prisoner's express directions—I saw it entered in the cash-book as a payment to Mr. Lee—I asked Jones if it was in order, and he said yes—he led me to infer that Mr. Lee had the money—to the best of my knowledge and belief he did not tell me that it was entered there by the prisoner's direction—I asked Mr. Lee if he could explain it, and he repudiated it—I asked the prisoner about it subsequently—he did not tell me that it was advanced to pay off his trustee in bankruptcy, if he had I should not have passed the item—Mr. Lee told me he was the mere conduit-pipe to pass the money to the prisoner's trustee—he was charged with it because the account was in abeyance, not settled—Mr. Lee retained the money in his hand as trustee—it had not been paid off on the day that I called his attention to it, he had still got it—I called his attention to it a week or 10 days after the entry was made—I am only speaking from memory—he did not tell me that the money had been paid long before; it must have been within a day or two of the money being paid—Pryor had no bill of sale on my property—I swear that—my daughter gave one to the bank last Nov.—I have not borrowed
money of him—I gave a promissory note—I did not pay it, because I have a set-off against it.
Re-examined. Jones's cash balanced with his cash-book—I took account of the cash when he left, I don't think there was any surplus—there was a suspense account, but that was accounted for in the cash—the suspense account means moneys he had received that he could not account for—it was over 100l., I think, which he could not trace where it came from—it stands to the credit of somebody who has not claimed it up to the present time.
Mr. Fitzpatrick, clerk to Messrs. Wontner, the solicitors for the defence, proved the issue of certain subpœnas to Colonel O'Gorman Mahon, Captain Robert Crowe, Richard Tyler, and others, who were called on their subpœna and did not answer.
HENRY JONES (Re-examined). When people borrowed money Mr. Pryor would insist upon leaving the next quarter's rent in hand, and that was carried to the next account; and as it was paid out to these people it was never charged to the account; that appears in the books—on 9th April, the day of the prisoners's arrest, the balance was about 70l., it is now reduced below 10l.
RICHARD TYLER . I am officiating manager of the Lombard Bank—I have been about four years in the employ of the bank, from its commencement—previous to that I was in Gracechurch Street—I was managing the Regent Street branch, I was there in your employ—you were carrying on the business, and I was managing it—in 1874 I was removed to Lombard Street—I was one of the signatories to the articles of association—I have attended the weekly board meetings for the last six months, and wrote up the agenda—I had nothing to do with the books, I used to obey your instructions implicitly—I was only nominally secretary—if I was going out to pay an unknown sum I should take money from the till and put in an I O U—that was the custom up to 20l.—I have an I O U in the till now for 5l. or 6l.—there was not one for 100l. last week, or the week before, to my knowledge—I have not given one for 100l. to the Building Society since your arrest, nor has there been one to my knowledge—I never had an I O U in the office without your sanction, and that was under 20l.—I do not know that Mr. Gaskin wanted to borrow on his shares, I believe he wanted to borrow some money—there have been one or two special meetings since your arrest with a view of dismissing you; resolutions were proposed that the articles of association should beamended, so that the shareholders could vote by proxy—I do not know what has become of the weekly balance-sheets, I have searched for them and cannot find them—all the documents were in your possession up to the time of your arrest—I was never secretary to the Lombard Building Society—my name appears as secretary—you withdrew about 2,000l. from the bank to pay to the credit of the Building Society—Mr. Lee has been in the habit of receiving moneys on account of the company, sometimes he paid them away and sometimes kept them on account of costs—about 300l. was paid for directors' fees during the last half year, including the investigation of the books.
Cross-examined by MR. COLE. I was absent yesterday when called—Mr. Lewis and Mr. Lee sent me to see about some property of the bank's at West Lodge—I did not find it; it had nearly all gone—five or six
vanloads were removed—I am put down for five shares in the bank—Mr. Pryor made me a present of them—the value of the furniture at Regent Street is about 100l.—it may have cost that—during my time the office was used as a branch for the Lombard Bank—Mr. Terry was the manager—the bank paid all of us and paid the rent—I do not remember an advance being made at Regent Street to Mr. Pace on some silver—I have heard about it since, but I don't remember the advance being made—I know by the books that Mr. Pace got an advance, and that silver was deposited—Mr. Pace afterwards paid off the advance—he paid a balance of 8l., I believe, after Mr. Pryor's arrest—that was the first I knew about it—he then applied for the silver which he had deposited, and we had not got it—I think Mr. Jones afterwards found it at West Lodge, where Mr. Pryor and his brother-in-law Mr. Barnard lived—I was not present—I know Mr. Barnard—he passed by that name—I did not know him as Allen—I do not know Sarah Barnard—I never saw Barnard attend as a director—the weekly balance sheets were made up from the books—the books were kept under Mr. Pryor's direction—nobody had anything to do with keeping them except Mr. Pryor and those under him—the balance sheets were simply transcripts of the books, which the directors would receive from him as being a correct account of everything—if a cheque for 500l. was held over for three or four months that would appear weekly in the balance-sheet as cash, and I O Us the same—if Mr. Barnard's cheque for 500l., was held over from June to January, it would appear as cash in the balance-sheet—if he got 409l. on I O U's deposited in the till that would appear in the balance-sheet as cash, the directors would know nothing about it.
Re-examined. I know that the West Lodge affair has been several times brought before the directors on the minutes, and it stood adjourned week after week; the return of Mr. Barnard's hire note was asked for—it was written for—I have never seen it.
— BROWN. I am messenger of the bank—previous to that I was twenty-three years in the police—I was at me Mansion House on your arrest—I was requested to bring the journal to you there—I produced one and handed it to you, and it was not the one—I produced another, and I was sent back with it and was told not to produce any more books without the consent of the Court.
The prisoner, in a very long address, entered into an explanation of the various transactions alleged against him, which at the outset amounted to a charge of misappropriating some thousands, but which had dwindled down to the amount of 47l., received as fees at Regent Street, and which he alleged was received by him rightfully, he having continued to carry on that business after it had been given up by the bank, who had not sustained any loss whatever upon any of the transactions in question. NOT GUILTY .
OLD COURT.—Thursday, June 27th, 1878.
Before Mr. Justice Manisty.
MR. FRITH conducted the Prosecution.
NOT GUILTY .
MR. RIBTON conducted the Prosecution; and MESSRS. MONTAGU WILLIAMS
and MEAD the Defence. NOT GUILTY .
MR. CROOME conducted the Prosecution. GUILTY—ETTINGHAUSEN— Twenty Years' Penal Servitude . MANUEL recommended to mercy by the Jury on account of his youth.— Ten years' Penal Servitude .
THIRD COURT.—Thursday and Friday, 21th and 28th June; and
~OLD COURT.—Saturday, June 29th, 1878.
Before Mr. Common Serjeant.
613. WILLIAM HENRY HARTLAND (54), WILLIAM MILTON (25), and WILLIAM FIELD (26) , Unlawfully conspiring together, and with other persons unknown, to steal the moneys of Thomas George Lewis and others; also conspiring to deceive divers licensed victuallers who should be induced to employ as barmen parties to the said conspiracy. Other Counts varying the form of charge.
MESSRS. BESLEY and J. P. GRAIN conducted the Prosecution; MR. STRAIGHT defended Milton; MESSRS. W. SLEIGH and DOUGLAS METCALFE defended Field.
THOMAS CROSSLEY . I am a licensed victualler, and keep the George, Balham Hill—in 1874 I was the proprietor of the White Hart, in Leather Lane, Holborn—in June, 1874, I answered an advertisement in the Morning Advertiser for a barman's place—I received a reply from a man calling himself George Digby Lewis, who afterwards came to me and said he had been with Mr. Hartland, of the Duke of York, Adam Street, Rotherhithe, a little over twelve months, but whose business was not enough to fully occupy him—he authorised me to go to Hartland—I went to Hartland at the Duke of York the same evening—I asked him if he had had George Digby Lewis in his employ—he said he had—I asked him how long he had been with him—he said within a few days of twelve months—I asked what he could say in his favour—he said he was honest, sober, industrious, and everything that a man could desire in a barman; that Lewis left him because business was very bad down that way—upon that I engaged him, and he entered my service, I think, the second day afterwards—he stayed with me four months—at the end of four months I found my takings had very much diminished—I communicated with the police—Lewis pleaded guilty at the Middlesex Sessions, and was sentenced to six months' imprisonment in November, 1874—I was present—he afterwards died in prison—I went back to the Duke of York and asked for Hartland, but could not find him.
Cross-examined by Hartland. I have been a publican fourteen years—a charge was preferred against me at Stone's End (Southwark Police Court)ten years ago for cheating at cards at the Rose Dale Arms—the case was dismissed, as no prosecutor appeared—I do not know a Mr. Knight—that is tho only charge brought against me—you said Lewis was a good barman—I do not remember your saying, "They all want looking after"—I
am not positive whether you said he left you through ill-health—I believe you mentioned he had been in the hospital four years ago—I have no recollection of your calling upon me in September—I was away sixteen or eighteen days in September—I did not pay 10l. in the card case.
Cross-examined by MR. STRAIGHT. The Duke of York is opposite another public-house in Neptune Street, Deptford.
THOMAS BISCOE . I am a licensed victualler, keeping the Horse Shoe, in the Goswell Road—in May, 1876, Field offered himself as barman in my service—I asked him who was his last employer—he said Mr. Hartland, of 182, St. George's Road, Peckham—I told him to make an appointment for me to meet Hartland the next day at 11 o'clock—I went the next day to 182, St. George's Road—I was shown into a front room in a house on the ground floor—Hartland was there—I said I had come respecting Field's character, and asked, "Is Field honest, sober, and industrious, and a good barman?"—he said "Yes"—I said I wanted such a person, because I was very much out of the business driving, and I wanted some one I could depend upon—Hartland said Field was a very good young man, and well up to his business, that he (Hartland) had been in business in Rotherhithe, I think, and if he went into business again, he should be pleased to take Field back—Field afterwards came to me, and asked if his reference was satisfactory—I said "Yes," and engaged him—he remained four or five mouths—I noticed some one frequently coming to the bar—Field said he was a detective—I never noticed him before Field came nor after—Field was discharged for bad language and assault—some one came for his character—I declined to give one—Hartland came twice—the first time he asked me why Field had left—I told him—he said, "You must look over these things in young men; you ought to give him a character"—I said I would not—he said, "It is very hard for a young man, you know; perhaps you have got sons of your own"—I said I should not think of giving Field a character—Hartland then went away—he came a second time about the character within a month or six weeks—I said "No," and he left—a Mr. Hornby had applied for Field's character.
Cross-examined by Hartland. Field told me 182, not 162, St. George's Road—I do not remember if you said Field lived with you twice, nor the house you named that Field lived at—you did not say he had been with you eight months—Field told me he lived in Cambridgeshire, and I found he knew the names of horse-dealers there—I told you Field quarrelled with some stablemen.
Cross-examined by MR. W. SLEIGH. I said at the Guildhall Field quarrelled with the stablemen because they wanted him to give them beer for nothing, and with the hatters—I did not find I had been robbed of a penny piece while he was with me—he was summoned about a month before I discharged him and fined 2l. 12s. for striking a man—he told me the man teased and bullied him because he would not give away my beer—I paid the fine for him—he had repaid me three instalments at 4s. a week when he left—my customers are not a noisy lot—refreshing my memory by the depositions, I did say "The people at my house are rather noisy sometimes"—a lady called for Field's character from the New Cut—I do not know much about the New Cut—I thought it was a rough neighbourhood from what she said, and told the lady I did not think Field would suit her on that account.
Re-examined. Mr. Maitland asked me to go through my books after this case came on—the hatters never asked me for beer without payment—I told Field not to trust—the lady came before Mr. Hornby.
By MR. W. SLEIGH. I attended the police-court on behalf of Field.
STEPHEN HORNBY . I keep the Equitable Tavern, Dorset Street, Vauxhall Bridge Road—I went to Mr. Biscoe about Field's character in November, 1876—Field had been the same morning and referred me to Mr. Biscoe—I did not get a character—I took him into my service—he was sent away from the bar while Biscoe told me why he would not give him a character, but to give him a chance I engaged him—he remained with me about eight weeks—I then discharged him—I told him he was giving spirits away and not taking proper money for them, and I called in two inspectors to see him out of my house, as he was using very obscene language to me and my wife.
Cross-examined by MR. SLEIGH. I asked Mr. Biscoe about Field's honesty and he objected to reply to it—Field did not give me notice—I never said "You must stop a month, if you don't I will keep your boxes"—I kept his boxes—he went before the Magistrate and I had to give them up.
Re-examined. He left in January—I saw Hartland once while Field was there—I served him with gin.
JAMES HENRY SQUIRES . I keep the George, 238, Waterloo Road—on 17th August, 1876, after seeing an advertisement, Milton came to me in the name of William Matthews, and offered himself as barman—I asked him where he had been living—he said "With Mr. Hartland, at the Duke of York, Adam Street, Rotherhithe"—I asked him how long he had lived with Mr. Hartland—he said "Two years"—I asked why he left—be said because Mr. Hartland had disposed of his house through ill health, and the new people did not require him—I asked him where I might see his late employer—he said at 47, Lorrimore Road, Walworth, and I went there and saw Hartland—it is a private house—Hartland was in the ground-floor front room—I said I had come about the character of William Matthews—he said "Quite right"—I said "How long has he been in your employ?"—he said "Two years"—I said "Where?"—he said "At my late house, the Duke of York, Adam Street, Rotherhithe"—I asked him if he was honest, sober, and understood his business—he said "Yes, like all barmen, they want looking after," that he had left him because he had disposed of his house through ill health, and that as soon as he got into business again he would take him into his employ—he said he had just disposed of his house—I next saw Matthews on 18th August, and told him that from the character I had received from Hartland I should take him into my employ—he entered my service on the 19th as barman—the same day, my manager having spoken to me, I called him into the bar parlour on the 21st, and in the presence of Inspector Witney said, "From information I received since you have been in my employ your conduct is very suspicious; I find a deficiency in my takings, and I find that you have obtained this situation by a false character"—he said "I have not robbed you"—I said "If you have not robbed me you have obtained this situation by a false character; you said you were single"—he said "I am very sorry; I am a married man; all Mr. Hartland said was wrong, I never was in his service"—he cried and asked me to let him go for the sake of his wife and children—I did so—I
paid him no wages then, he was in too great a hurry to get away—I then went with Inspector Witney to 47, Lorrimore Road and found Hartland had gone and everything had been removed—Witney taxed Milton in the bar parlour with obtaining a false character from Hartland in a public-house in Long Acre, and Milton admitted it.
Cross-examined by Hartland. Matthews did not tell me he bad been in your employ in Carlisle Street since he left the Duke of York—I did not tell you my brother, who was a great drunkard, managed the Duke of York—I did not know that you were at the Anglers in Carlisle Street—I knew Mr. Peckham called on you there—I do not know him—I do not know that Mr. Peckham made inquiries—I did not hear him say so at Doctors' Commons—I did not tell a Mr. James Ross that I would give 50l. if I could get a conviction against you—I did not know you went to Bow Street at the request of Mr. Peckham to answer inquiries respecting my case.
Cross-examined by MR. STRAIGHT. I do not recollect saying at the police-court anything about obtaining a false character in respect of a Mr. Simpkins—my brother has been away from me 12 months—he has been queer in his head—he was not manager when Milton was there—James Dowe was—I do not remember Inspector Witney saying "Mr. Squire does not say you robbed him; he says you got a situation by a false character"—Milton did not ask me to search him—Witney did not search him—he was in uniform.
Re-examined. When Simpkins's case was mentioned I think the name of the public-house in Long Acre was the White Hart.
PETER HOLDING GRAY . I am a clerk, and live at 47, Lorrimore Road, Walworth—I occupied No. 76 in August, 1876—I found Milton occupying two parlours—I considered he was my tenant, but I got no rent—I did not know Hartland till I saw him at the police-court—Milton told me Hartland was a licensed victualler, but had no house—I think he said he had been landlord of the Three Swedish Crowns—letters came for Milton addressed to Mr. Matthews—inquiries were also made about him—he left on the 19th August.
Cross-examined by MR. STRAIGHT. I knew Milton as Milton, not as Matthews—there was no concealment about the letters coming in the name of Matthews—I did not take them in.
HENRY WITNEY (Inspector L). I was present at the interview with Mr. Squires and Milton—in consequence of a communication from Mr. Simpkins, who is now dead, I had previously spoken to Mr. Squires—Mr. Simpkins kept a public-house in the York Road—I said to Matthews "How is it you gave Mr. Simpkins a reference to a public-house in Long Acre, and you gave Mr. Squires and Mr. Simpkins, 47, Lorrimore Road as your residence"—Milton said "He is an uncle of mine, and he sits at the public-house to give characters"—I said "You are a married man, and have children"—he said "Yes"—I did not search him, he was not in custody—I did not ask to search him—I went to Mr. Squires to Lorrimore Road at once.
Cross-examined by Hartland. I said at the police-court I went to the White Horse to look after you—I did not find you there—I did not address a man like you behind the bar as Mr. Hartland—I did not say before the Magistrate the house in Lorrimore Road was empty, because the landlady was there.
Cross-examined by MR. STRAIGHT. Mr. Squires spoke to Milton first about being married—I did not say "Mr. Squires does not charge you with robbing him, but he charges you with getting into his service with a false character"—Mr. Squires did not say so.
EDWARD MAITLAND . I am partner with Mr. Peckham's son, who is now solicitor to the Licensed Victuallers' Protection Society—Mr. Peckham, sen., was my partner—he died early this month—in December, 1876, a Mr. Wood, who kept the White Hart, Long Acre. and a barman were under remand at Bow Street for conspiracy—on 18th December, 1876, I was with Mr. Whitnall at my offices in Doctors' Commons—I saw Mr. Peckham write this memorandum of an interview with Hartland—there was then no charge against Hartland—Witney was present to get information—Matthews's name was mentioned—I have frequently looked at this paper—Hartland was told by Mr. Peckham that Matthews had obtained a situation with Mr. Simpkins by a character given from the White Horse, Long Acre, and he was asked whether he knew Matthews—he said he did not—he was asked to give a personal description of him—I only recollect two points in the description, that he was a tall man, and dark, or that he had dark hair—Hartland was then asked where he himself was residing, and he said at 64, Carlisle Street, Lambeth—Mr. Peckham then asked him as to his connection with William Wood, of the White Horse, Long Acre, who was then under remand from Bow Street—he said Wood had been in his employment at the Duke of York as barman for a short time—he was asked what Wood did after he left the Duke of York, and he gave some particulars which I do not recollect—all the questions were put by Mr. Peckham—nothing further passed with regard to Matthews—I have my call-book—there is a pencil tick made by me which enables me to say positively—the interview took place on Monday, 18th December, 1876—Mr. Peckham had nothing to do with this prosecution—he was ill—he may have called on Hartland in January, 1877, but not since.
Cross-examined by Hartland. I was present at the interview between you and Mr. Peckham in Mr. Peckham's room—I think you were asked to be there in the evening; but whether you attended or not I do not remember.
Cross-examined by MR. W. SLEIGH. I know from Mr. Nevett that Hartland kept the Queen Katherine at Brook Street, Ratcliflf—I do not remember the year—I do not know that Field was his barman there—I know from the same source that Hartland kept the Duke of York in Adam Street, Rotherhithe, in 1873—I have not heard that Field was again in his employment there—I have not made inquiries about that, nor as to what situations Field has been in within the last seven years—I do not know that Field had a situation at Stockton-on-Tees—the result of inquiries was that Field was not in Hartland's service at the Duke of York—Hartland was there from December, 1873, to August, 1874, not on his own behalf, but merely as manager—as a result of my inquiries no barman was employed at the Duke of York, and Field was not under Hartland—no one has told me that he was—I had a conversation with Mr. Biscoe as to his evidence—I never heard that Field left his situation to go into the country because he was ill with smallpox.
Advertiser for a barman—in the evening Milton called in the name of Matthews, and asked for the situation, giving as reference Mr. Hartland, 59, Boyson Road, Camberwell—he said he had lived with him fifteen months—the next day I went to 59, Boyson Road—I saw Hartland in a ground floor parlour—I told him I had come about Matthews, who said he had lived with him, and asked him if he was sober, honest, and industrious, and he said "Yes"—I asked him how long Matthews had been in his service—he said fifteen months, that Hartland had put Matthews into another situation at Westminster, which Matthews left because it was not good enough for him—Hartland gave the sign of the house—I think it was the George, near Rotherhithe, where he served Hartland—in consequence of the character Hartland gave Matthews I engaged him on 28th August, 1876—he remained till 28th December, 1876—on 28th December I saw him pass coins into his right-hand waistcoat pocket on three separate occasions between 6 and 8 p.m.—I discharged him—I said "Pack up your box and get out of the house as soon as you can"—he went upstairs, packed up his things, and came down—I paid him what was due and a week in advance—he said "Tell me what you are discharging me for"—I said "You know what you are going for, for having confederates on the other side of the bar and placing too much money of mine in your pockets"—he took up his money, signed the book which I have in my pocket, took his portmanteau, and walked out—while he was there the takings were not in proportion to the payments.
Cross-examined by Hartland. I do not know whether Matthews said you were at the Anglers, Carlisle Street, Lambeth—you did not tell me Matthews had been three days at the George, Waterloo Road, with Mr. Squires.
Cross-examined by MR. STRAIGHT. I received information from customers—I had an interview with a detective prior to that—I afterwards found Milton employed by Mr. Graven at the Middlesex Music Hall, but not in Matthews's name—I am a member of the Licensed Victuallers' Association—I went to Mr. Graven twice—I found Milton there the second time—I did not tell Mr. Graven I discharged Milton for being a thief.
Re-examined. I did not give Milton into custody, because I had no coins marked.
RICHARD JASPER STRIKE . I am a plumber, of 59, Boyson Road, Camberwell—Milton occupied three rooms and the conservatory on the ground floor—he took them on 19th August, 1876, in the name of Milton—he left on 22nd March, 1877—Hartland did not occupy any room there—I have seen him there, and latterly sometimes every day, and sometimes twice a week—he came and stayed inside.
Cross-examined by Hartland. I never knew you to stop there a night—there was only one bed.
Cross-examined by MR. SLEIGH. I never saw Field there. Re-examined. Milton had a servant who slept there while Milton was away—there was also Mrs. Milton and two children—I believe they had a cot.
JAMES DICKENSON . I am a hop merchant, of No. 8, Hop Exchange, Southwark Street, and leaseholder of the Queen's Head Tavern, High Street, Southwark—in November, 1877, I was in treaty with Hartland with reference to the Queen's Head—he said he had 300l.—the price was 800l.—when he came to fulfil his contract he could produce no money.
Cross-examined by Hartland. I did not tell you there was a difficulty about the transfer of the licence—I am not aware of your attending the Magistrate's Clerk's office and paying half a sovereign, nor signing notices of transfer—I sent to the Court because you had not the money to complete.
JAMES BENJAMIN CONDIE . I am clerk to Mr. George Crisp Whitby, who is Clerk to the Justice of the Peace for Surrey at Newington—there is no public-house named the George in the parish of Rotherhithe—the Surrey Commercial Docks are situated there—no person named Hartland has held a licence in that division since 1873—the Duke of York is in the same division—I find it registered in March, 1873—I saw Hartland sign this application for transfer (This was dated 27th November, 1877, and described Hartland as residing at 8, Pratt Street)—the application was withdrawn—we do not inquire the reason of withdrawals.
Cross-examined by Hartland. The Duke of York was licensed to George Allison in 1873-4—I do not know whether it was transferred to Allison because the house was to be taken down—it was renewed to Allison in 1873.
Re-examined. I have searched what we call the Calendar from 1870 and find the holder of the licence of the Duke of York up to 1875 was Allison.
JOHN ROSE . I am Clerk to Mr. Bachelor, who is Clerk to the Justices of the Blackheath Division of Kent—the George public-house is in St. Paul's, Deptford—it was transferred to William Henry Hartland on 8th May, 1877, and on 10th July, 1877, it was transferred from Hartland and he has not been landlord since—it was transferred from Whiteman to Sykes on 26th September, 1876.
Cross-examined by Hartland. You would have to give 14 days' notice of transfer.
WILLIAM CHRISTOPHER NEVETT . I am manager to Messrs. Meux in Tottenham Court Road—I have been there 25 years—I have known Hartland from 1858—he went into the Duke of York, Swan Lane, Rotherhithe, in December, 1873—it is near the Surrey Commercial Docks—from August to December it was closed for rebuilding—Hartland remained till the following August under an agreement to take up the lease, which lease he never took up—the house was kept open from December, 1873—Hartland had no other public-house.
Cross-examined by Hartland. You did a large trade—it was impossible to do it without help—you went to the expense of fitting it up.
Cross-examined by MR. SLEIGH. It was a full licensed house—he must have had a barman, but I do not remember seeing Field there—I do not know Field—I knew Hartland before he took the house—he kept the Queen Katherine, in Brook Street—landlords do leave their business to a manager, who gives a monthly return, showing profit and loss occasionally—it is not very common—I understood Hartland was manager of the Eagle, Camden Town.
Re-examined. Hartland kept the Queen Katherine from 3rd February, 1870, to 14th June, 1871—he was proprietor—between June. 1871 and September, 1873 he was "a man out of business"—Mr. Howell got Hartland to assist him at the Eagle while he went out of town for a few days—I do not know of his being proprietor or manager of any other house.
HERBERT REEVES . I was formerly a Sessions warder at Coldbath Fields—I know Field—he was tried at the Middlesex Sessions in the name of William Field on 8th September, 1873—I saw him in the dock, also in the prison almost daily—I cannot say how long he remained in prison, because we sent prisoners away to various parts of the country—I know Field is the same man.
Cross-examined by MR. SLEIGH. I am not mistaken—William Field is the name I have got him by—I will not swear I heard him given in charge in the name of William Field—I cannot recollect what part of the trial I was present, nor if I took him from the Sessions, nor how soon after that I saw him—I do not know how long he was under my notice at the House of Correction—he was there nine months—I can produce his photograph—I cannot say if he was sent away with other prisoners—I can refer to the books—I do not know his brother, nor that his brother is in Sheffield—I saw him chiefly on Sundays—I went to church twice a day—I had eight or nine under my charge—I cannot say if Field was one.
Re-examined. I have no doubt Field is the same man—I have seen his photograph since I recognised him in the Court—I will refer to the books, and bring his photograph to-morrow.
By MR. SLEIGH. I knew him as William Field—there was no other prefix to his name—this memorandum was made in May or June, 1874, at the date of Field's discharge—I know of no woman taking food into the gaol.
Friday, 28th June.
HERBERT REEVES (Re-called). I have referred to the books, and produce the photograph—possibly there may be an error—a William Field was convicted then, and sent away to the Devonshire Castle—I wish to withdraw my statement, as I do not think the prisoner Field is the same man, though the name is the same, and his hair was parted, like the prisoner's, in the middle—it is five years ago.
JOHN HOWELL . I am proprietor of the Eagle Tavern, Camden Town—Hartland married my mother's sister—he assisted me in August, 1877, while my head barman was in the country about a week—he was only a temporary servant; I paid him nothing for his services—he has called at my house occasionally during the last three or four years—he had a beerhouse in Tyler Street, Lambeth, once, and he told me he had a house near the docks; I do not know the signs—one house might have been the George, at Deptford—he told me he paid a deposit at Norwood for a house, but that fell through—I went to the house at Lambeth once or twice.
Cross-examined by Hartland. I lived with you in 1859—you kept the Queen's Head, in Wardour Street, and the King's Arms, in High Street, Clerkenwell—you were doing between 300l. and 400l. a month of trade—you went with me into the King of Prussia, John Street, Golden Square, in 1864—the licence was in my name—I forget why and the circumstances now—I cannot say if my sister visited you at the George—she did not tell me so.
Cross-examined by MR. SLEIGH. I knew Hartland had a house near the docks three or four months ago, but I forget the sign of it.
Re-examined. He had sold the Queen's Head when he was keeping the King of Prussia—he kept the Ship, at Anthony Street—the King of
Prussia was between the Queen's Head and the Ship—after that he kept the Queen Katherine, in Brook Street—I do not know if he had any other house till he went to the Duke of York, which he left about August, 1874—after that he was in a beerhouse in Lambeth—I went there on one or two occasions—I never heard of his being in Mr. Snell's service—two or three months is the longest time that has elapsed between the times I saw Hartland—I did not communicate with him in those times.
WALTER SWELL . I am a surveyor—I was interested in getting the Anglers' Arms, 64, Carlisle Street, Lambeth Walk—I got Hartland to take care of it—he was there from June to Christmas, 1876—I know nothing of Milton or Field—I paid Hartland, I think, 10s. a week.
Cross-examined by Hartland. You had a profit on what was sold, and a percentage when the house was sold—I do not remember who was at the bar at the Anglers' when I called—you were not always there—the house was well conducted—I cannot say whether I saw Milton or Field behind the bar, or whether a man or woman was there—the house was sold, and Hartland was paid his commission.
Cross-examined by MR. SLEIGH. I went to the Anglers' about once a week—I think I saw a man and a woman behind the bar besides Hartland—I could not swear I never went without seeing a man besides Hartland behind the bar.
Re-examined. I did not know Field was at Biscoe's from May to September, 1876.
ROBERT DAY . I am manager to Mr. William Henry Chapman, of the Barnard Castle, Queen Victoria Street—in March, 1877, Milton came for a barman's place—I asked him where he had been living—he said with Mr. Hartland for 11 months at a house which he mentioned, and said it was close to the Surrey Commercial Docks—he said Mr. Hartland was then out of business, and referred me to 89, Lorrimore Road for a character where Hartland was living—I told him if his character suited me I should engage him—I afterwards went to 89, Lorrimore Road—I saw Hartland at the door, and asked him whether he had any one in his employ named Milton—he said "Yes, he is a nephew of mine, will you come inside?"—I went in—he said "He is a very good boy, and everything you may wish for"—I said "Is he sober, honest, and industrious?—he said "Yes, he is, and if I had a house to-morrow I should take him back again"—I said "Well, I think I will engage him"—he said "You cannot do better"—Hartland appeared to be suffering from gout—he did not mention that Milton had been in Mr. Lewis's service four months, nor Mr. Squire's service two or three days—I engaged Milton on receiving that character—he stayed about ten days—he gave me warning—a gentleman called on me for his character—I did not give one—I did not see Hartland again till I saw him in custody.
Cross-examined by Hartland. This occurred in March or April—I will not swear it was not May Milton did not refer me to the George, Commercial Docks—I did not object to the distance—I asked you if Milton was a good barman, and you said "perfection," and not simply "Yes"—you did not say you thought he was sober, but "Yes"—you said at Guildhall you called at the Barnard Castle about Milton, and I told you you had not done so—Mrs. Day does not know you—she did not tell me you called—the gentleman who called about Milton said "Is he honest?"—I said "I have a doubt about it."
Cross-examined by MR. STRAIGHT. I said I believed Milton was sober, but I had a doubt about it—I have said "I found you sober while you were with me, and I never detected you in anything dishonest," referring to Milton.
FREDERICK CRABTREE . I am proprietor of the Jolly Sailors Hotel, Norwood—a day or two before the 24th August, 1877, Field came to me for employment as a barman—he said he had been living with a Mr. Hartland 12 months, who was then out of business, and that he left his employ through having the smallpox—he said Hartland was at the Eagle, Camden Town—I went there, and saw Hartland—I asked him if Field was honest, sober, and I am not sure if I said "industrious"—he said he was—I said I thought he would suit me—Field then came in—he was called forward—I told him Hartland had given him a very good character, and that I would engage him—I did so, and he remained in my employ till about 4th October—I discharged him because 4s. 6d. was found under the carpet in his bedroom without his being able to account for it, and for coming home drunk—I had called him into the bar parlour, and told him the servant had found 4s. 6d. under his carpet, and asked him to explain it—he said he did not put it there—I said "Some one must have put it there"—he kept on saying "I did not put it there"—he asked to go for his holiday—I said he might go—he did not return till the next day, when he was intoxicated—I discharged him when he got sober—he asked for a character—I said I could not think of doing so; if any one came I would give him a character as far as bar work was concerned, but I should mention the fact of the 4s. 6d. being found—Hartland afterwards called, and asked why I discharged him—I said "Because 4s. 6d. was found under his bedroom carpet, and for coming home drunk"—Hartland said "That is fatal to Field, and I won't give him another character."
Cross-examined by Hartland. I think you mentioned that Field had been in the smallpox hospital three months—you did not say you thought he was honest, but young men wanted looking after—I did not say if Field had returned in the morning I should have taken him on—I do not remember your using the words if he was dishonest you had done with him.
Cross-examined by MR. SLEIGH. I had a barman named "Charley"—"George" was the one who preceded Field—one Charles Girling reentered my service after Field left—I do not know that he kept company with the maid while Field was there, nor whether he was there the day before the 4s. 6d. was found—my wife went to see the 4s. 6d. under the carpet—I do not recollect when Girling re-entered my service—I did not go through my books when Field left—I have said "I found no difference in my takings while Field was with me"—that is a fact—Field was annoyed and indignant about the 4s. 6d.—he did not deny being drunk; he reeled up to the counter—I said "I will talk to you when you are sober"—I did not mean that he was to come back to my service—I meant to discharge him if he had come back sober, because of the suspicious circumstance of finding the 4t. 6d.—I did not see any one put it under the carpet—I would sooner believe the servant than Field.
Re-examined. I do not know that the girl had any malice against Field—I understood Hartland to be Field's last employer—Mr. Biscoe's name was not mentioned.
CHARLES EDWIN NORRIS . I am a licensed victualler and keep the Albion, Rodney Road, Walworth—in November, 1876, I had a vacancy for a barman—I saw a man who called himself Henry Ray—I afterwards saw Hartland at my house—that was after I had been to Tooley Street to seek him—he said he had called about Henry Ray—I said "Yes"—he said "You will find him a very honest, straightforward young fellow; he lived with me 11 months, and I will take him back again if I take another house"—I engaged Ray, who was With me about three months, early in 1877—I did not discharge him for dishonesty—I next saw Hartland at the Guildhall.
Cross-examined by Hartland. I asked you if Ray was a good barman—I may have told Ray that my distiller was coming next day and I could not go out—the distiller's van may have been there when you called—I had my doubts about his honesty.
JANE WILKIN . I am a widow and the sister of Robert Spriggs, who keeps the Moor's Arms, at Bow Common—in October, 1877, a man came for a barman's place and saw Mr. Spriggs in my presence—on 15th October, Mr. Spriggs and I went to 58, St. George's Road, Southwark, and saw Hartland—Ray gave me this paper with that address on it—Mr. Spriggs asked Hartland if he knew Ray, as he had come for his character—Hartland said he did, that he was a very good barman, that he believed him to be perfectly honest, and that he had been with him 11 months—I asked Hartland if Ray had many followers—he said he never saw but one, and that was a cousin from the country, and he allowed him to go out with him the same evening—the reason given for Ray leaving was that Hartland had sold his house—upon that character Mr. Spriggs engaged Ray, who began his work on 17th October, 1877, and remained till 9th January this year—I missed money from the till while he was there—Mr. Spriggs discharged him to take on a former servant.
Cross-examined by Hartland. Mr. Spriggs did not go to sleep on the sofa while I asked questions—I only asked one—you did not tell me Ray had lived with you a second time—I did not give Ray a character—Mr. Spriggs's health would not allow him to be here to-day.
Re-examined. I put two half-crowns in the till one morning, and on going to clear the till at 9 o'clock only one was there—the barman could not have given it in change because there was no coin in place of it of greater value.
GEORGE ROBERTS . I am manager to Mrs. Sarah Harris, of the Royal Standard, Well Street, Whitechapel—at the latter end of August, 1877, Milton called on me for a barman's place—he said he was William Milton—I asked him where he had lived last—he said with Mr. Hartland, at a house opposite the Commercial Docks—he mentioned the sign, but I forget it, and that Mr. Hartland was then living in private in the Lorrimore Road—I asked him how long he had been with him—he said about 11 months—I asked why he left; he said on account of the house changing hands—I told him if his reference was satisfactory I would engage him—I went to 89, Lorrimore Road and saw Hartland in the front parlour—I said I had called respecting Milton, and asked how long he had lived with him—Hartland said "11 months," and told me the sign of the house, which I forget—I said "Is he honest?"—Hartland said he believed he was—I asked if Milton understood his business as
barman—he said "Yes;" and if he was sober, and he said "Yes"—he added something about Milton having quarrelled with the manager of the house be had been living at, but I forget it—he did not mention his having given Milton a character in the name of Matthews to Mr. Squires and Mr. Lewis, or in the name of Milton to Mr. Day, nor anything about those places—I believed Milton's last master was Hartland, and believing his character I took him into my service—he remained a little over two months from 30th August—he left because of words with Mrs. Harris.
Cross-examined by Hartland. You did not say "Milton left in May last," nor that Milton had been in a situation six weeks since he had left you, nor that you were recommended to give Milton a character as the time of six weeks was so short.
Cross-examined by MR. STRAIGHT. I said before the Magistrate, "I found him sober, and I believe honest"—I gave him a character, but not a good one—I said to Mr. Graven "On account of the short time he has been with me, although I had a very good character with him, I think you had better see Hartland as well."
JAMES LAWRENCE GRAVEN . I keep the Middlesex Music Hall in Drury Lane—I advertised for a barman two or three days before the 1st December, and Milton came in the name of William Milton—I asked him what was his last situation, and how long he had left—he said he lived with a Mrs. Harris in Well Street, Wellclose Square, for about two months, and previously with Mr. Hartland at a house opposite the Surrey Commercial Docks—he mentioned the sign, which I forget—I went to Mrs. Harris's, and saw her manager—that reference was not satisfactory—I saw Milton in the evening and told him so—he referred me to Mr. Hartland, of 89, Lorrymore Road, Walworth—I went there—it is a private house—I saw Hartland in the parlour—I said "Your name is Mr. Hartland; have you had a young man named Milton in your employ?"—he said "Yes," and he had lived with him 11 months—I asked if he was honest, sober and industrious, punctual, and such like—he said "Yes, I can thoroughly recommend him, the only fault was that he did not quite agree with his manager"—on that character I engaged him—Hartland did not tell me that he had given him a reference in the name of Milton to Mr. Squire and Mr. Day, nor in the name of Matthews to Mr. Lewis—I understood from Milton and Hartland that Mrs. Harris's was the only situation he bad had since leaving Hartland—he came on 1st December, 1877, and was there till 14th May, 1878, when he was taken into custody—while he was with me my takings were less than at the same time last year—they improved after he left.
Cross-examined by Hartland. I told you Milton had had a character from Mr. Roberts, which I was not satisfied with because it was so short a time, and Mr. Roberts complained of his loitering in the kitchen with the maid—you did not tell me Milton had lived with you eight months, two mouths, and one month—you told me he had lived with you twice, and that you would take him again if you went into business—I kept him four or five weeks longer than I should have done, because the Society wished me.
Cross-examined by MR. STRAIGHT. Milton told me Mr. Lewis had been to my place—I had no fault to find with his general conduct—his duties were in the tavern only—one barman was with him, and sometimes two—one
barman had been with me 15 or 18 months, the other four or five years—I serve occasionally.
EDWARD JOHN ROSE . I am landlord of Blakeney's Head, Cable Street East, Wellclose Square—previous to Christmas last I had a vacancy for a barman, and went to Field's lodgings at 2, Crescent Cottages, the address given in an advertisement—Field was not at home, but came next day, and said his name was Field—I said "What did you leave your last place for?"—he said because Mr. Wilson, his employer, was out of business—he mentioned some house on the Surrey side, and said he had been with Mr. Wilson about four years—he said Mr. Wilson was coming to a beerhouse near my house, and he would call—afterwards Hartland called—I said "Has Field lived with you?"—he said "Yes, on and off four years"—I said "Is he sober?"—he said "Yes"—"Honest?"—"Yes, everything that could be wished for"—he did not mention having given Field a character to Mr. Crab tree, of Norwood—I took him into my service two or three days before Christmas—he remained about three weeks—while he was there I noticed people coming who had not used the house before—I saw Field give a handful of coppers and some cigars over the counter to one of these strangers—the takings were less than last year, and when he was gone they increased—I paid him no wages, but discharged him on account of a row in the bar.
Cross-examined by Hartland. You did not read out "Hartland" on an envelope—I did not want Field to look after a pony and trap, but simply as barman.
Cross-examined by MR. SLEIGH. Field cross-examined me at the police-court—I do not remember saying I could not swear he did not say Hartland's name was Hartland—I swore the name Field gave was Wilson—I think I did say "On the following day the prisoner Field called on me; he said, I think, Mr. Wilson was his last employer"—I did not write down the name he gave me, and I did not see Hartland take up the piece of paper—I do not remember Hartland giving it to me.
Re-examined. I said "Afterwards Field introduced Hartland at my house as Wilson"—that is a fact—I have no doubt the name Wilson was used.
WILLIAM MARTIN . I am the landlord of 89, Lorrimore Road, Walworth—Milton came to me about the house—he afterwards came with Hartland, whom he called his uncle, and said he was a retired publican—they arranged to occupy the house jointly—Hartland signed this agreement (This was dated 16th March, 1877, and was between Milton, Hartland, and the witness for taking 89, Lorrimore Road)—this card was given to me when they called: "W. Hartland, Wine and Spirit Merchant, Duke of York, Swan Lane, Rotherhithe"—I gave receipts for 8l. 15s., the quarter's rent, on 11th July, October 17th, 1877, and 16th January, and 1st May, 1878—Milton brought the first quarter, I fetched the second—Mrs. Milton gave it to me; Mr. Hartland paid me the next, and Mrs. Milton the last—I only saw Hartland at the house once when he paid the rent.
Cross-examined by Hartland. I do not remember Milton saying you sent the rent—I do not think I said he did say so at the police-court.
Re-examined. Hartland said to me in the court "I sent it to you."
ROBERT SKIRROW DANTER . I carry on business at the Three Swedish Crowns, Old Gravel Lane, the licence of which Milton transferred to me on 2nd May, 1876, and assigned to me the lease—I produce the assignment of Henry Roberts and another to Milton, of the Three Swedish Crowns, of the 12th January, 1876, also mortgage to Messrs. Day, Noakes, and Son, who lent 750l. on the house, of the same date, and assignment to me of 7th June, 1876, and the licence of 2nd May, when I went in—a broker was in then, and the house was closed.
STEPHEN FITCH . I am parish clerk to St. Nicholas, Deptford—I produce the papers relating to the transfer of the licence of the George, Deptford, from Nathaniel Sykes to William Hartland—the address is London Street, Deptford, usually called Grove Lane—the endorsement, "William Henry Hartland, Licensed Victualler," on the notice is mine—I served this notice at Hartland's request. (This was dated 19th April, 1877, of the intention of Sykes to apply for transfer to Hartland on 8th May, Hartland's address being 29, Allen Street, Westminster Bridge Road, and 64, Carlisle Street, Lambeth.)
RICHARD WHITE (Police Inspector R). I am attached to the Rotherbithe subdivision—I know the George, in Grove Street, Deptford—the Surrey Commercial Dock Company rent it on a three months' agreement—Hartland was there from early in April till the end of June, 1877—it was transferred to a Mr. Humphreys on 10th July—I visited the house in the course of my duty—I never saw Milton nor Field there as barmen—I once saw Milton in front of the bar—I only saw Hartland and an elderly woman behind the bar.
Cross-examined by Hartland. It is an out-of-the-way house used by the dock—I swear I saw you serve—I do not know your wife—I knew you had the gout, but you could stand.
Cross-examined by MR. STRAIGHT. I went to the George about eight times—I have about eighty public-houses in my district—it is a rough neighbourhood, a tiresome district—I inquired what houses Hartland had kept, and saw how things were going on, and went away—Hartland said he had kept the Ship, in Anthony Street, Commercial Road, the Queen Katherine, in Brook Street, Ratcliff, and the Duke of York, Swan Lane, Rotherhithe.
Re-examined. Hartland did not give me the dates of his keeping these houses.
JAMES CLARIDGE . I am a newsagent, at 144, Evelyn Street, Deptford—when Hartland was at the George I supplied the newspapers, and called each morning—I saw no one serving but Hartland—I saw a lad, a potman there, but no elderly female.
Cross-examined by Hartland. I came usually about 8 o'clock—I saw you—you were not absent eighteen days—I have no knowledge of seeing Milton or Field behind the bar.
Re-examined. I did not stay in the house except on Saturdays for the money—Hartland paid me.
JAMES MIDDLETON (Detective Officer). My duty has been to visit the public-houses in the Rotherhithe subdivision—I visited the Duke of York alter it was opened, in August, 1874, two or three times a week—I frequently saw Hartland—there were two bars, long but rather narrow—I never saw Milton nor Field behind the bar to my knowledge.
Cross-examined by Hartland. I saw a young man serve—I have seen three fresh faces there in a week.
Cross-examined by MR. STRAIGHT. I used to wear a fur cap—I will not swear Milton was not there if it is in his mind that he saw a man answering my description—I was not in uniform—I do not remember any inspector coming in at one door and my going sharply out at another—I was first spoken to about this by my inspector about a fortnight ago—I visit about eighty public-houses.
Cross-examined by MR. SLEIGH. I could not swear Field was not there. Re-examined. I never knew one person acting continuously as barman while Hartland was there, or from December, 1873, to August, 1874.
WILLIAM CHAMBERLIN (Detective Officer). I have known William Field thirteen years—I missed him in 1862 or 1863 for about eighteen months or two years—I met him afterwards at Newington Butts—I asked him how he got on—he said, "Not very grand," and asked me if I could get him a situation, or do anything for him, as potman or porter, or anything, he would not mind what—I said, "Well, I could not recommend you exactly from what I have heard; I have been told that you have been convicted, and I should not like to do that; if I did, you would have to tell the person I recommended you to, and if they liked to take you upon that they might"—he said, "I have just come out for a little affair about a girl I have got into trouble over"—I said, "But you have been convicted of felony; if it was only the girl, I should not mind that"—he said, "I would tell them that, and it would be all right if you will recommend me; I have got linked in with that gang up there, and it is no use my going into a public house; they will follow me wherever I go, and I cannot get a living; I should like to get out of it"—I said if I knew of a place, if he met me I would not mind recommending him—I have seen him several times since; the last time he was with a tall man, and on seeing me they walked away—when I looked in the Court yesterday, I was surprised to see him here.
Cross-examined by MR. SLEIGH. I spoke to Reeves yesterday—I heard Field had been convicted of robbing his master, a publican—I cannot give the master's name or the sign of the house—it was about two years ago—I do not know the year he was convicted in—I do not think the prisoner told me—I do not know the amount of the robbery—I knew Field at the Red Lion, in Red Lion Street, Holborn—I cannot tell you when I met him after missing him—it was about 18 months or two years ago—I believe he said he had been in service at Norwood—I do not remember the name—he did not say no one would go there for his character, the service was so short—he did not tell me he had been accused of putting money under the carpet, nor that he had been wrongfully accused—I never heard that he had a brother named William Field, but with another different Christian name.
WILLIAM SMITH (Detective Sergeant). About 10 o'clock on 14th May I had a warrant and went to 18, Pratt Street, Lambeth, in plain clothes—I saw Hartland—I said "I am a police-sergeant; I have a warrant
for your arrest for conspiring with a person named Milton in getting a situation by means of a false character—he said "I never gave anybody a false character, have I?" (appealing to his wife) "only those that have been in my employ"—I took him into custody—his wife was crying—he said to the people in the house "Don't take any notice"—I took him to the station and he was searched—a watch and 6s. 4 1/2d. was found on him—I afterwards went to the Middlesex Music Hall, in Drury Lane, with Harding—Milton was in the bar—I went upstairs—I said "Milton, I am a police officer, and have a warrant for your arrest"—Milton said "I am sorry for that"—I read the warrant—he said "I know nothing about it"—I said I should take him into custody—he repeated "I am sorry for that"—at the station I asked him his name and address—he said "I refuse to say"—I said "Well, we know where you live, you live at 89, Lorrimore Road"—Harding searched him—on 27th May I saw Field at the station—I read the warrant to him—he said he knew Mr. Rose, of Cable Street, he had been in his service to look after his horse—Mr. Rose's name is mentioned on the warrant—I also said "There will be another charge preferred against you at the Jolly Sailors, Norwood, some money has been found under the carpet there"—he said he had also been engaged there to look after a horse, and "I knew Mr. Hartland, I had been in his service."
Cross-examined by MR. SLEIGH. I do not remember Field saying Hartland had given a reference to Mr. Rose, for he had worked for him.
WILLIAM HARDING (City Detective). I was with Smith when Milton was taken into custody—on taking him to the cell he said "Are you going to break it gently to my wife?"—I said "Where is she?"—he said "At 89, Lorrimore Road"—the next morning, May 15th, he said "Have you been to see my wife?"—I said "Yes, I have"—he said "That house was taken by Hartland by arrangement"—I told him I had been to see his house—he said "I was trying to stay at that place to get a straight character," referring to the Middlesex Music Hall; "Hartland has screwed me up very tight, he is a mean old man, he only put me in three places"—on 27th May I was with another officer near the Elephant and Castle—I saw Field and took him into custody—I said "Mr. Field?"—he said "No, that is not my name, my name is James Harvey"—I said "I know you as William Field; there is a warrant granted for your arrest in the City for conspiring with one Henry Hartland to obtain a situation by means of a false character"—he said "I am not a barman, I am a commercial traveller"—on the way to the station he said "I sometimes use the name of Field; I have been a barman, I wish I had never seen the bar, I am disgusted with it."
Cross-examined by Hartland. I do not remember telling you and Milton in the cells that his employers had stated he was the best barman they ever had.
Cross-examined by MR. SLEIGH. I did not hear Smith's evidence, nor your cross-examination of Smith—I said at the police-court Field was taken for conspiring with Hartland and others—I do not know whether it was taken down.
Cross-examined by MR. STRAIGHT. I was first consulted about this matter two months ago—I went to the Middlesex Music Hall on two occasions—I cannot fix the date—I think about ten days before Milton's arrest—I did not tell Milton I was sorry to have him, but it was the old
man I was anxious to hit—I did not give him brandy and lemonade after I had him in custody—I did not see Smith do so.
Re-examined. When I took Field Hartland's name was mentioned, and Field said "Let's see, Hartland?"—I then explained the charge, and he said "Yes, I know him."
Hartland in his defence stated he had employed Milton and Field as barmen and had given them just characters.
HARTLAND— GUILTY on First and Third Groups of Counts. — Two Years' Imprisonment with hard labour. MILTON— GUILTYgenerally.—Strongly recommended to mercy.— Twelve Months' Imprisonment with hard labour. FIELD— GUILTY of conspiracy with intent to steal and to cheat and defraud. — Twelve Months' Imprisonment without hard labour.
OLD COURT.—Friday, June 28th, 1878.
Before Mr. Justice Manisty.
MR. TICKELL conducted the Prosecution; and MESSRS. POLAND and
A. B. KELLY the Defence. THOMAS CHAPMAN. I live at 12, Victoria Road, and am a painter—on Saturday, 18th May, I was in the Adelaide Road at 20 minutes past 9 p.m, coming towards Camden Town—I saw the deceased Turner walking in the same direction, and I saw five or six volunteers coming in the opposite direction—I did not see any blow struck, but as soon as the volunteers got to Turner he fell down and one of the volunteers ran away—I cannot identify him—he almost knocked me down as he passed by—I and Evans went and picked the man up and got a bowl of water and washed him—he was quite insensible—a policeman came up, we put the deceased in a cab and took him to the hospital
Cross-examined. I saw the deceased walking along in front of me—he walked straight enough—the road was up—they were going to put asphalte down and the kerb stones were lying about loose—it was between the lights.
FRANK WACKERLEY . I am a gardener and live at 22, Bridge Street—I am a volunteer in the 36th Middlesex, the same corps as the prisoner—on 18th May, about 9.20, I was in the Adelaide Road with the prisoner, William Beadon, George and Thomas Smith, and Stephen Bennett, all volunteers—we were coming towards Kilburn—we met the deceased—he was going to strike me—I ran out of the way—the prisoner came up—I saw him raise his hand as though he was going to strike the man, but I did not see him strike him—I believe the prisoner ran away—I went away and left the old man there—I did not think he was injured, I did not look.
Cross-examined. The deceased was rather tall and thin—we had our side arms on—I had given no provocation to the deceased—he was drunk—the prisoner is a painter by trade—I have been in the same corps with him about five months—he bears the character of a peaceable, well conducted lad—he is not yet 20.
this night I was in the Adelaide Road, in advance of the prisoner—the deceased passed me—I saw him fall backwards and I went to his assistance.
Cross-examined. He was not sober, I saw that from his way of walking, he was all over the pavement—I heard some one say "Where are you shoving to? don't strike the man."
STEPHEN BENNETT . I live at 3, Newman Place, Kentish Town—I am a volunteer—I was in company with the prisoner—I saw the deceased pass—I did not see him fall—about five minutes afterwards the prisoner passed me—he said he had just knocked a man down, and he walked on rather sharp—I saw the old man on the ground and went to him—he was insensible.
EDWARD EVANS . I am a labourer, and live at 7, Falcon Terrace, Kilburn—I was in the Adelaide Road and saw one of the volunteers strike the deceased—I was nine or ten yards off—it was dark—I could not see whether his hand was open or closed—he fell on his back—I helped him up—I saw blood on his head and on my sleeve.
Cross-examined. I saw the arm of the volunteer go straight out to the the old man and he fell—I could not say that he hit him—he fell instantly.
Cross-examined. I am a volunteer—I did not see the old man—I knew the prisoner before—I and Bennett and Thomas Smith were walking on in front.
SAMUEL CROW (Police Inspector S). I apprehended the prisoner on the 25th May on the parade at Paddington Green—I told him that the man he had knocked down in Adelaide Road last Saturday night was in University College Hospital, dying, if not dead, and I should charge him with the assault—he said "Very well, I am very sorry."
STANLEY BOYD . I was house-surgeon at University College Hospital on 18th May when the deceased was brought there—he was suffering from a wound on the back of the head, at the left side, about 2 or 2 1/2; inches long, also from a bruise above and rather in front of the right ear—a fist might possibly have done that—he was insensible from concussion and paralysis from damage to the brain caused by the fall—he died on 1st June from suppurative meningitis, consequent upon the injury to the skull.
Cross-examined. A fall on rough stones might have produced the injury—the two injuries must have been separately produced—a fall on a high stone and then another fall on to the ground might account for it.
ROBERT CURSON (Policeman S R 39). On 18th May I was on duty in "Adelaide Road and saw the deceased sitting on some stones leaning against the wall, bleeding from a wound on the left side of the head—I took him to the hospital.
The Prisoner received an excellent character. NOT GUILTY .
MR. ISAACSON conducted the Prosecution.
ELIZA HICKEY . I am the prisoner's wife, and live at 9, Whitebait Court, Lambeth—on Thursday, 23rd May, between 6 and 7, I was in Leman Street; the prisoner followed me there—I went into a butter-shop—when I came out I passed him by, and I knew nothing till I found a stab in my shoulder—I screamed and ran into the road—I did not look to see where the stab came from—a policeman came to my assistance directly—I had not been living with the prisoner for four weeks.
Cross-examined by the Prisoner. I don't know the cause of your leaving me—you turned me out, and it is not the first time by several that you have done it—I did not strip the place—I only took a bed for me and my children—my eldest son was not living with me; he was living with his wife.
JONATHAN VENNELL (Policeman H 237). I was in Leman Street on this evening—I heard the prosecutrix scream, and saw the prisoner with a knife open in his hand on her shoulder—I rushed towards him—they were struggling—he cut her across the arm—she had received a stab in the back before that—in the struggle the knife went through his own hand—they were both bleeding very much—I sent for a cab, and, while waiting for it, he said "I have had three months for her before, and I don't care if I have the rope this time"—I took them to the hospital and their wounds were dressed—the woman was detained in the hospital—I took the prisoner to the station—on the road he said "Constable, I will tell you the truth; I done it on purpose; I bought the knife in the Borough to-day for a shilling"—the charge was read over to him at the station, and he said "Quite right, sir"—he dropped this knife at the time, which some one picked up and gave to me.
SAMUEL CHIPPENDALE . I am surgeon at the London Hospital—on 23rd May the prosecutrix was brought there—she had a clean incised wound on her back, such as would be produced by a knife or some sharp cutting instrument; it consisted of two wounds joined at a right angle; it was three-quarters of an inch deep—there was a great deal of haemorrhage, most dangerous, an artery was wounded, I had great difficulty in stopping it then, and it has returned twice dangerously since, it has now healed—unless she had had surgical aid she might have bled to death.
The Prisoner in his defence alleged that his wife had sold his home and encouraged his son to acts of violence towards him, which had been the cause of it all. GUILTYunder great provocation arising from family causes.* —Five Years' Penal Servitude .
MR. ISAACSON conducted the Prosecution.
GEORGE ORME (Policeman K 226). On 1st June, a few minutes past 12 a.m., I was on duty in Thomas Street, Limehouse, and saw the prisoner at the corner of Wallwood Street—he looked up and down Thomas Street several times, and then returned the way he came up Wallwood Street—I ran to the corner, and saw him standing at the corner of Strathfield Street—he stood there about a minute, then returned and leaped over the wall in Wallwood Street—I walked across the road and signalled the constable on the adjoining beat; he came to my assistance, and I sent him for another constable who was close at hand—I then went to the wall where the prisoner went over; it is about 5 feet high—I remained there—there is a yard on the other side of the wall and the rears of houses.
HILARY MARTLE (Policeman K 592). I was on duty in Thomas Street, at 12.15, on the morning of 1st June—I saw Orme signal for assistance—I went to him—in consequence of what he said I went for another constable and posted him in Thomas Street, opposite where the prisoner was likely to escape from—I then got over the wall pointed out by Orme, crossed over several walls from one yard to another, and had to climb over till I came to the rear of 19, Strathfield Street, where I saw the prisoner tampering and fumbling about the back kitchen window looking into the yard—as soon as he saw my light turned on him he jumped over a low wall into the next yard—I followed him—getting on to a low wall, then on to a wall a little higher, he gained a stack of timber, jumped from one stack to another, and dropped into a timber-yard, climbing a plank that was raised against a shed 15 feet high—crossing the roof, he dropped on to some barrels at the rear of Thomas Street, where he was turned by two constables coming over a wall—he then jumped into a back yard in Acland Street, crossing several yards and walls till he came to the rear of Strathfield Street, a second time regaining the stacks of timber—he sprang from one stack to another till he gained the roof of a workshop, a building about 30 feet high—I followed him, he going to the extreme end of the roof—seeing that his capture was imminent, he walked down the slates to the gutter-pipe—I told him it was useless trying to escape; he could not get away—he said "For God's sake don't hurt me, and I will come to you"—I told him I would not hurt him if he came quietly—he came to me and I took him into custody—we both stood up in the centre of the roof and came towards the end where he had got up—when about 2 or 3 feet off the end he suddenly seized me by the collar of the coat with both hands, at the same time raising his knee he kicked me in the privates with his knee—we were standing up at the time; it is a very broad roof, but a slanting one—the kick caused me to feel very faint; at the same time he was swinging me about from side to side, attempting to throw me from the roof—I had my truncheon drawn at the time, but I dared not release my hold of the prisoner to strike him with it—I called loudly for assistance, when 102 K (Talbot) and 328 (Wilson) came to my assistance—Talbot struck the prisoner over the left arm with his staff; the prisoner then released his hold of my collar and he was secured and taken to the station—on searching him I found the knife produced—I afterwards went back to 19, Strathfield Street, examined the back kitchen window, and found marks of violence between the two sashes—they were bright marks such as might be caused by the knife, indents of the same breadth as the blade—there was also a sawing-like mark on the catch—the washhousedoor was open—that is part of the dwelling-house at the rear of the house—there is a door leading from the washhouse to the kitchen—the proprietor called my attention to foot marks in the washhouse, which I traced to the kitchen-window; this knife bears marks such as would be caused by the catch of the window; it is jagged—at the station the prisoner was charged with burglary, and assault on me and attempting to throw me from the roof of the building, 30 feet high—he said he had got over there to sleep, having no money; he had walked from Birkenhead—on the way to the station he said "For God's sake speak the truth"—I have spoken the truth.
Prisoner. Every word he has spoken is false; I should be ashamed to stand in that box and not be afraid the Almighty would afflict me.
By the COURT. There is a bolt inside the kitchen door; he could not get in without forcing that; it is a very temporary thing.
RICHARD STEVENSON TALBOT (Policeman 102 K). I was on duty with Wilson in Thomas Street on 1st June, at a quarter to 1—from information we received we went to the wall in Thomas Street—we heard footsteps coming towards us among some barrels which are piled up by the wall—I heard somebody sing out "Look out, there he goes"—we then heard footsteps retreating from the wall—I immediately jumped upon the wall on to a party-wall which parted the gardens from each other—the prisoner jumped out from between the barrels on to this party-wall—I told him to stop—he did not, he ran towards where Martle was coming from—seeing Martle, the prisoner jumped into a garden on the right—I followed him up to a high wall, and got on to the timber and saw him and Martle struggling on the top of the shed—I told the prisoner to be quiet or let go his hold—he refused, he still kept struggling, trying to throw Martle off—I then drew my truncheon and struck him a blow on the left arm twice—we then got him from the roof and took him to the station—I subsequently discovered his lodging—his statement about coming from Birkenhead is false.
JAMES EDMONDS . I live at 19, Strathfield Street, Limehouse—on the night of 31st May my washhouse-door was closed, but not locked, merely on the latch—about a quarter to 1 I heard a noise in the yard—I found the footprints of a man on the cement floor of the washhouse—on the kitchen window there were the marks of an instrument having been used to try and force back the catch—there were foot marks from the washhouse to the kitchen window; they seemed to be made by an old pair of boots—the washhouse communicates with the rest of the house by a door which was bolted inside—a person in the washhouse could not get into the kitchen without getting that bolt unfastened.
JOHN NORTON . I occupy 21, Strathfield Street, next door to 19—about 20 minutes to 1 my wife called my attention to somebody in the yard—I jumped out of bed, put on my trousers, and rushed into the yard—I saw the prisoner going over the walls—I said "What are you doing there?"—he made a spring from a low wall on to a higher wall and crouched down by some timbers—from there he got on to the roof—I followed him and saw him struggling with the constable on the roof.
JANE EDMONDS . I am the prosecutor's mother and live with him—on the night of 31st May before I went to bed I shut the washhouse-door, about a quarter to 9—I was the last up; no one went out after that—the kitchen-window was fastened.
The Prisoner put in a written defence, stating that, having no money to pay for a lodging, he had got over the wall to sleep there, that the police came after him, and being alarmed, he attempted to escape; that on giving himself up they had beaten and ill-treated him; that he had not put his hand to the washhouse door or to the window, and that it was not true that he had tried to throw the officer from the roof.
GUILTY . He also PLEADED GUILTY to having been before convicted at Chelmsford in July, in the name of Edwin Smith, when he was sentenced to Seven Years' Penal Servitude.—** Penal Servitude for Life. COURT considered that great praise was due to the officer Martle for his courage and energy.
NEW COURT.—Friday, June 28th, 1878.
Before Mr. Recorder.
MR. NICHOL conducted the Prosecution. WILLIAM SAUNDERS (City Policeman 919). On 16th June I was on duty in Liverpool Street, and about 12.50 a.m. I saw the prisoner about 10 yards from the Great Eastern Railway's premises with a box on his shoulder—I asked him what he was going to do with it—he said that at 12 o'clock he was engaged to curry it from the North London Railway to Cannon Street station by a gentleman who then went into the Railway Tavern with a gay female, and that he waited outside till the house closed—I took him in custody—there was a cut on the third finger of his left hand, another on his right hand, and two grazes on his wrist—I found 2 1/2d. on him but no knife—seeing some labels of the Great Eastern Railway on the box, I went there and found a window broken and a hole made large enough to take the box through, and blood on the glass.
Cross-examined by the Prisoner. You told me you were going to the police-station—you were not going towards Bishopsgate.
JAMES BAILEY BOND . I am a railway secretary and live at Dalston—on 15th June I left this box in charge of a clerk at the arrival platform of the Great Eastern Railway—it contained books and papers of extreme value to the company but of no commercial value.
GEORGE WILLIAM LOVELOCK . I am cloak-room clerk a the Great Eastern Railway—on Saturday night, 15th June, I received this box from a gentleman and placed it in the cloak-room close to a window—it could not be taken without breaking the window—a pane of glass was broken in the morning large enough for a man to go through and there was blood on the glass—the door and windows were all safe when I left—I have seen the prisoner walking about the station.
DAVID MAST . I am a lamp porter in the employ of the Great Eastern Railway—on 15th June, about 10 o'clock, I saw the prisoner on the line coming from the departure platform—I saw no more of him, but about 12.10 I heard glass breaking, but did not go to see what it was.
The Prisoner's Statement before the Magistrate was that a gentleman gave him the box to carry and then went with a lady who he knew by sight into the Railway Tavern and never returned, and that he cut his finger with a bread knife.
GUILTY .— Three Months' Imprisonment and Three Years in a Reformatory .
MESSRS. WILLIAMS and CHILD conducted the Prosecution.
bankers, the National Provincial, and it was returned marked "Signature differs"—I saw Mr. Wickham and instituted proceedings—I have seen the prisoner in the bar.
Cross-examined by the Prisoner. I asked William Lawrence who Edward Wickham was and he said a gentleman for whom he had been doing some work—I have not seen you with Lawrence that I know of, but you have been with his woman, or his wife—I do not know that you have any connection with Lawrence in regard to this cheque.
Re-examined. He has been in our bar with the woman who has been living with Lawrence.
EDWARD WICKHAM . I am a merchant, of 18, Gilmour Road, Lewisham—I had an office in Queen Victoria Street—the prisoner came into my service as general clerk about September, 1876, and remained till April, 1877, when he left without notice—Lawrence has never worked for me—I banked at Messrs. Hallett's, 7, St. Martin's Place, Trafalgar Square, when the prisoner was in my employ—I know his writing—this cheque is his writing to the best of my belief—these two letters were written in my office by the prisoner and copied in the letter book—in them he mentions Messrs. Hallett, bankers, of St. Martin's Lane, instead of St. Martin's Place, and the same mistake is made on the cheque.
Cross-examined. To the best of my belief the cheque is your writing—there is a large amount of your writing in my office—these two letters were probably chosen as being more similar to the cheque.
ROBERT JAMES HERON TUCKER . I am a merchant, of 4, Cullum Street, and share Mr. Wickham's office—I have seen the prisoner write; to the best of my belief this cheque is in his writing—I am one of his masters; I engaged him first of all.
MILFORD HARRIS . I am a clerk to Hallett and Co., 7, St. Martin's Place—Mr. Wickham has had an account there for a long time—we have no other account in that name—I wrote the words "Signature differs" on this cheque, referred it to the partners, and payment was refused—I have seen the prisoner come for Mr. Wickham's pass-book, and he has paid in money for him.
Cross-examined. I produce a letter written by Messrs. Hallett with a fault in the address; it is dated 2nd March, 1877.
Re-examined. Our business is in St. Martin's Place, and the letter says "St. Martin's Lane," which is also on the forged cheque.
JOB GULLICK . I am an appraiser, of 12, Cirencester Place, Paddington—I acted for Mr. Norman, the agent for the owner of 79, Clarendon Street, Paddington, where I went in March to distrain for rent—the house was occupied by William Lawrence—that was the first time I saw the prisoner—I subsequently let him two parlours in that house as a weekly tenant—he gave his name Charles Edgard.
Cross-examined. I think I heard Lawrence ask you to lend him some money—you lent him 4l.—that was, I think, on 11th March, the day I distrained.
SARAH LOUISA BROWN . I am the prosecutor's wife—I saw the prisoner on Easter Monday, at 4 p.m., the Monday after the Saturday when the forged cheque was given—he asked if I could cash him a cheque, but did not show it to me—I said "We don't care about cashing cheques."
Road—I asked him his name—he said "Charles Edgar"—I said "Is not your name Charles Edgar Carr?"—he said "No; Edgar is my name"——I said "You answer the description of a man who I have a warrant for"—I read the warrant to him; he made no answer—I told him I was going to take him in custody on the charge, and on the way to the station he said "You are perfectly right with reference to my name; my name is Charles Edgar Carr"—when the charge was read to him at the station he said "You will allow me to keep my own counsel."
The Prisoner called
GULLY. I was present when you were arrested—I heard you say "Charles Edgar is my name, but they want to give me another."
EDWARD WICKHAM (Re-examined by the Prisoner). I remember your writing some circulars about the Potsdam water-works, which were lithographed from my letter—I have not got one to compare with this cheque; there may be a similarity, but this is not my writing—you were at liberty to take some home—you had nothing to write on the circulars but "Dear Sir," which, being in your writing, would be like the cheque—my signature is the same as is on this circular, except that I signed "E. D. Wickham and Co."
The Prisoner in his defence complained that the two letters had been selected not as fair specimens of his writing, but as bearing the nearest resemblance to the cheque, which had been copied from the circular itself. He stated that Lawrence had sold all his goods and left Clarendon Street in debt, and contended that unless Lawrence was present he had no chance of vindicating himself and that he remained in his house four weeks after the cheque was presented, which he would not have done had he been an accomplice of Lawrence. EDWARD WICKHAM (Re-examined). I think I have once or twice drawn cheques on plain paper—I should not put the names in the corner like this—it is not like my cheque in general appearance—I should have written my banker's name differently—the prisoner's wages were never paid by cheque.
GUILTY .*— Eighteen Months' Imprisonment .
619. BENJAMIN LAVEY (50)was indicted, with PRISCILLA LAVEY . for that he, being bankrupt, omitted to discover to his trustee all his property, to which he PLEADED GUILTY .— Judgment Respited . ( The case against the female prisoner was postponed to next Session .)
MR. F. H. LEWIS conducted the Prosecution.
SIDNEY COLVIN . I am a Fellow of Trinity College, and Slade Professor of Fine Arts at the University—on 24th May I was in London, at the Saville Club—I had a portfolio of engravings from the old masters, worth 1,500l., and a black bag—I was leaving the club about 12.30, and told the porter to call a cab in a quarter of an hour—a servant came up and said that the cab was ready—I went down, but no cab was there, and my portfolio and bag were missing—I have not heard of them since.
bag and portfolio—as I sent the waiter to tell the Professor, I heard the cab drive away—I ran after it down Clifford Street, calling "Stop thief!" and saw a man on the spring—I put a policeman into a cab to chase the cab, which was going away, but he returned unsuccessful.
Cross-examined by West. I cannot say whether I have ever seen you before—I saw a man 8 or 9 yards off smoking a short pipe and leaning against the railings in the dark.
EMMA WAKEFIELD . My husband is a cab proprietor—Murphy is one of his drivers—he had cab 1981 on 24th May, at 11.30 a.m., and ought to have returned about 1 a.m. on the 25th—the cab was brought home by a stranger about 7 a.m., but I did not see Murphy till he was in custody—he was bound to bring home 18s., but did not.
Cross-examined by Murphy. You ought to have changed horses.
DANIEL CONNOR . I mind cabs outside the Great Northern Railway Station—on 25th May, about 6 a.m., I saw Murphy on the rank with a cab—I don't know the number of it—he drove it away about 6.45—I saw nothing in it.
Cross-examined by Murphy. I did not see another man on the spring about 5.30—I did not see it put on the rank—you stopped in the Victoria three quarters of an hour or more—I did not notice another man with you.
JOHN MUSGROVE . On 25th May, about 6.45, Murphy asked me if I wanted to earn a shilling—I said yes—he was drunk—he said "If you can take the cab home here is a shilling for you"—I have not seen him since—I do not know whether he gave the shilling to me or to a man who was with me—three intoxicated men got into the cab with him; the man who drove them was sober—I do not know West.
DANIEL DOUBLE (Policeman C 134). On 25th May, about 12.45, I was on duty in New Burlington Street, and saw a cab at the Saville Club, and a man standing by it, and another man with him—I heard a whistle, and saw Murphy get on the box—West is the man who was with him—as the cab turned round I took the number of the cab, 1981, and wrote it down—West walked towards Regent Street—I saw no more of the cab.
Cross-examined by Murphy. When I took the number you had one foot on the spring and the other on the footway—the horse started when you got on the spring—your horse's head was towards Regent Street—I swear to both of you.
CHARLES BUTCHER (Detective Officer). On 2nd June I saw West at Haydon Mews, Notting Hill, and asked him if he knew a man named Young Mack (that is Murphy)—he said, "Yes, I know him by sight"—I said, "When did you see him last?"—he said, "Not for some time; the last time I saw him was in the Walworth Road"—I said, "I am going to take you in custody for being concerned with Young Mack in stealing a portfolio and portmanteau from Saville Row, value about 1,500l."—Murphy was then in custody—on 4th June, after the examination at the police-court, the prisoners were put into adjoining cells, and I listened, and heard Murphy say to West, "When were you taken?"—West said, "Sunday afternoon at changing time"—Murphy said, "Who by?"—West said, "By Butcher. You have made a fine mess of this job; you ought to have taken the cab home yourself"—Murphy said, "If I had done so I should have been sneaked at the time, as the coppers were there waiting; it licks me how they got the number of the cab"—West said, "The copper sneaked it when we were turning the corner; he
gave it in evidence"—Double had been examined at that time—West said, "What time will your Old Tom be in to visit you?" meaning Murphy's girl—he said, "She will be in at 12 o'clock; she is always there waiting as the gate is opened. I shall want somebody to visit me with grub; if you have got any more than you want put it in your pocket tomorrow morning when we go to chapel; I can sneak it from you. I suppose I shall get eighteen months for this"—he asked West if he had got any witnesses—West said, "Yes, two, and I shall prove where I was at the time; I was at Leicester Square at half-past 12, and I took up a fare and drove to the Waterloo Road, farther end; what grieves me more than all is that I had parted with all the silver at the yard when I was taken."
Cross-examined by Murphy. I did not say to you "You had better tell as where the things are"—I said "It was Buggy who was along with you, not Piggey"—I knew West by that name—I did not say "Never mind, Buggy's back will have to bear it."
Cross-examined by West. You did not say that you had not seen Mack for five weeks—you said "I was not there, I was driving a cab myself"—I have not subpœnaed Mr. Barrow; you did not call him before the Magistrate.
Cross-examined by Murphy. You did not say "I know nothing about any engravings."
Murphy's Defence. On the day of the robbery I went out about 11.30. I was very unfortunate, and only took 2s. 6d. up to 9 p.m. I afterwards drove to Bromley, and I got 4s. 6d. The horse was sweating, and a man said, "You had better not take that horse home now, because you might get locked up for cruelty; you had better give somebody a shilling to drive him home." I had had too much drink. When they brought the gentleman from the club to identify me, I was the only one who looked like a cabdriver. I know no more about the robbery than you do.
West's Defence. My last job on this night was to Waterloo Road with a lady and gentleman, I then came across to Catherine Street, stopped till the Market opened, and then went home. When I was taken a detective said, "I think Buggy is innocent, we must work it up for him." The Inspector said, "St and behind me." I said, "It doesn't matter where I stand, for I am innocent." My witness who could prove that was not out with the cab is not here; he is in the Militia. I had no seen Murphy for five weeks before I went into the House of Detention.
GUILTY .— Judgment Respited .
MESSRS. STRAIGHT and GILL conducted the Prosecution; and MESSRS. GRAIN
and TICKELL the Defence.
NATHAN MORRIS . I am London manager to Barnard, Bishop, and Barnard, of 95, Queen Victoria Street—on 25th May the prisoner called and said "I am well known to the firm; I know Mr. Alfred Barnard, and I want to take some goods to show to a lady at the West End on approbation"—he said he had known the firm at Norwich, and had done
thousands with them—he selected a pair of brass dogs, some fire-irons, and a brass fire-guard, value about 11l., and said that he was sending a case of wine to the lady, and would send the cart for them—he was either to return them or pay for them—on the following Monday he called again and said that the goods were rather light, and the lady required something heavier—he selected some heavier ones, and a pair of fine brasses, and a pair of rests, value about 8l., which he took away in a cab after signing a receipt for them on approbation—next morning I received a telegram from him from South Kensington, and he afterwards called a third time, and said that he had sent the telegram, that he was going to keep the goods, and wanted to select some more—(on the same day that I had the telegram I received a communication from Norwich)—I said that he must return the goods he had taken or pay for them—he said,"Why, I sent you a telegram to say that I would keep them"—I was then standing between him and the door—he attempted to go out and said that he wanted to speak to a friend outside—I said "No friend outside, you had better settle the matter here"—I gave him in custody—this is the order he sent Messrs. Barnard: "Please deliver goods to my boy. Yours truly, E. Belding." Cross-examined. If he had paid for the goods I should have entered them in our books and given him a receipt—I did not give him in custody because he had not brought the money, but because I had received a telegram from Norwich that they thought it was a swindle—it is not uncommon for people to have goods on approbation, and if we know them they are entered on credit—our firm is known all over the world—the prisoner left his card, which was attached to the order—it corresponds with the address on the order.
ALFRED BARNARD . I live at Norwich and am a member of the firm of Barnard, Bishop, and Barnard, ironmongers there—I attend to the business daily and know most of the customers—I never saw the prisoner till he was at the Mansion House—he has not been a customer of our firm for thousands of pounds—there is no such name on our books—Belding is a Norfolk name.
Cross-examined. I am 31 and have been in the firm 16 or 17 years—we have a house in London but no agents in the country—we deal largely with ironmongers in market towns.
ROBERT KEYS . I am an assistant at Messrs. Barnard's and was present when the prisoner saw Mr. Morris—I went to the station with him on 29th May, when he was given in custody—he dropped these two papers (pawn-tickets) out of his hand in Queen Victoria Street, which a boy picked up and gave to me.
SAMUEL KELL . I am assistant to R. and C. Bowman, pawnbrokers, of 68, Goswell Road—on 25th May, before 3 o'clock, the prisoner pledged a set of ormolu fire-irons and a screen and rest—the foreman took them in and gave him the ticket, but I was present.
ARTHUR PARSONS . I am assistant to Thomas Richardson and Son, pawnbrokers, 11, Upper Bryanston Street—on 27th May, between 1.30 and 2 o'clock, the prisoner pledged with me this set of brass fire implements and stand in the name of James Godhead for 2l.—he had not pledged them before.
but go with me and I will show you where the goods are"—he gave his address 2, Gresham Buildings. Basinghall Street.
Cross-examined. I did not hear him say that if Mr. Morris liked he might have the money.
WILLIAM SAUNDERS (City Policeman 672). On 29th May, between 5 and 6 o'clock, I Saw the prisoner in Alfrey's custody—he had a pocketbook in his hand as if attempting to throw it away, but he Was prevented from doing so, add put it in his pocket—I searched him at the station and found two pawn-ticket, one of which he tore up and threw down in the station—when the Charge was read he denied that there was any fraud.
GUILTY .— Four Months' Imprisonment .
FOURTH COURT.—Friday, June 28th, 1878.
Before Robert Malcolm Kerr, Esq.
MESSRS. GRIFFITHS and STUART WHITE conducted the Prosecution.
EDWARD CLARKE . I live with my father at 171, Oxford Street, Stepney—on the evening of 18th June I missed a concertina and other things, value about 3l.—when I left at 5.30 a.m., on the 18th, I saw Howes and another boy outside the next house hanging about—the concertina was then safe—when I returned in the evening I missed two vests and other articles—the vest produced is mine—Howes was wearing it when the constable brought me to him.
HENRY PAYNE (Policeman K). On the morning of 22nd June I took Clarke to Howes, who was wearing a vest which Clarke identified—I told him I should charge him with stealing it and other things—he said, "I bought it in Petticoat Lane"—I overheard Howes say to Harwood at the station, "You got over the Wall and opened the side door, and took the things from the back and brought them through the side door"—Harwood said, "I will stand all myself, but I don't like you rounding On me"—Howes said, "We took the concertina, the canary, and the other articles; Harwood sold the concertina for 4s., and the canary for 2s, in Kate Street." NOT GUILTY .
WILLIAM BUTLER . I live at 25, Aston Street, Limehouse—I went to bed at about 11 p.m. on 19th June, having seen every place locked up—I got up next morning at 7.30, and I missed three coats, a jacket, two pair of boots, and a lot of newly-washed linen that was not dry—a gentleman living next door to me afterwards gave them to me (produced)—I found a pair of boots in the yard—they were not mine—I was afterwards shown one of the pairs of boots I had lost as having been on Howes—I have them on now—7, Wilson Street, is about eight doors from me—I left the boots on the pot board under the dresser—the window Was thrown up from the bottom.
a.m. on 20th June I found two bundles in my yard—I called a constable, and the articles were identified and given to Mr. Butler.
HUGH SEELEY (Policeman K 187). On 20th June, at 4.15 a.m., I saw the prisoners running from the direction of 7, Wilson Street; I followed and caught them in White Horse Street, and took them to No. 7, Wilson Street—I afterwards searched the gardens round there and found footprints—Howes's boots were compared with the marks and corresponded—he would not try on the boots found at Mr. Butler's—he said they would not fit him—they were big enough to go on a big man.
Cross-examined by Harwood. The window had been found open—there were several pieces of iron there.
GUILTY . HARWOOD* also PLEADED GUILTY to a conviction of felony in January, 1878, in the name of Thomas Nichols.— Eighteen Months' Imprison ment. HOWES— Judgment Respited .
MR. PURCELL conducted the Prosecution.
STEPHEN FARRANT . I am barman at the Crooked Billet public-house, Tower Hill—the prisoner came in there about 9.15 p.m. on 21st June, and asked for some drink—I refused her—she then went outside, and I heard a smash—I went out and saw the prisoner with an umbrella in her hand—she said nothing.
Cross-examined by the Prisoner. I did not injure your hand—the potman set you outside, and directly he came inside I rushed out and saw you with the umbrella.
Re-examined. She made no threat before she went outside.
The prisoner produced a written defence, stating that she called for some drink, and the barman got over the bar and ejected her, and injured her back and hand; that she thought she was throwing her umbrella at him, but it went through the window. GUILTY .— Three Months' Imprisonment .
MR. PURCELL conducted the Prosecution; and MR. DOUGLAS METCALFE the
THOMAS HIGH . I live at 25, Hickling Street, Rotherhithe, and was until lately a letter-carrier—on 7th April, at 11.30 p.m., I was in York Street, Westminster, when the prisoner and two other men knocked me down—I could not swear which one knocked me down—I was hit on the cheek, and my head knocked the kerb—I was then robbed of some coppers—a police constable came up.
Cross-examined. It was gas-light—I was going peaceably and quietly home, and did not interfere with any one—I was sober—I had had quite enough to drink—the prisoner had corduroy trousers on, and I noticed his features—I saw them for a few seconds—I had never seen him before—I next saw him at Westminster police-station when he was taken.
WILLIAM BROOKING (Policeman 264 B). I was in Smith's Rents, and saw the prisoner and two others—the prisoner was holding the prosecutor down, and Harrington had his hand in his pocket—the third one called out Cheesey, and ran away with the prisoner—I stopped Harrington, and brought him back to where the prosecutor was lying, and he threw something the wall—I asked him what it was, and he said "a penny"—I said "I will find that presently"—Harrington has been tried and convicted.
Cross-examined. I found a knife, but couldn't find no penny—I was about 20 yards off when I saw the prisoner holding the prosecutor down—it was not particularly dark—there was a lamp just opposite.
JOSEPH TYLER ((Policeman 75 B). I took the prisoner on 1st June, and told him he was wanted for robbery—he said "Let e go, I will go quietly"—I allowed him to get up, and he threw me down three times.
The Prisoner's Statement before the Magistrate. "I didn't take my hands out of my pocket. I did nothing. The chap that has got 12 months can prove it." GUILTY **— Twelve Months' Imprisonment .
MR. KELLY conducted the Prosecution.
GERARD HAMLYN HARRIS . I reside at 15, Montagu Street, Portman Square, and am a farmer at Upper Burleigh, Chester—from December, 1876, till March, 1878 the prisoner was in my employ as butler and general servant—he used to sell hay for me, and receive the money—on 12th March he said that Mr. Leaver wanted half a load, and I instructed him to deliver it—I had them in my employ a carman named Godfrey—the prisoner left me towards the end of March, and delivered me up this book (produced) which was kept in his writing, which I identify—there is an entry here of half a load of hay delivered to Mr. Leaver which he told me was then owing for—the amount is 2l. 5s.—I applied to Mr. Leaver for that sum, but have not received it—I have not received the hay back.
Cross-examined by the Prisoner. I believe the hay was sent on the evening of 12th March—the hay was 4l. 15s. a load, but I believe you told me it was damaged by wet, and consequently 5s. was left to you—I don't remember anything happening on the 14th—all I can swear to is that the hay went to Leaver on the 13th, and then when you left my service you told me that the 2l. 5s. down in your book was still owing—I find here in Nicholls's account a quarter of a load delivered on 15th March—I do not see a similar entry in Mrs. Harris's account.
GEORGE LEAVER . I am a job master, of 15, Berkeley Mews, Connaught Square—about 13th March I ordered half a load of hay of Mr. Harris by the prisoner, and it was brought on the 13th by the carter when I was
there—I said "Well, it has been fine for three days, and now it is raining you may take it back"—I refused to take it, and it was not delivered to me then or subsequently—the prisoner has not presented me with an account in respect of the hay—Mr. Harris made a communication to me, and I denied owing for it.
Cross-examined. I turned the hay away because it was wet—you were up that morning—I don't know whether you were with the carman—I don't recollect your coming the Monday or Tuesday after, and saying "What do you think of the hay?"—that might have been before—I have bought lots of hay of you—I said they would have more room for the hay round at Cox's, and Mr. Cox took it in—the carter came round and told me—that was a load of hay, I don't know which.
PATRICK GODFREY . I am a carman in Mr. Harris's employ—I remember going to Mr. Leaver's with the prisoner on 13th March with half a load of hay—it was a wet morning, and he didn't care about taking it in and the prisoner bade me bring the hay round to the Mews, Mr. Harris's mother's, where I saw the coachman, and he put it in the empty horsestall, and said "If my horse gets loose and pulls a truss of hay I shan't be answerable for it"—I went off, and know no more of the hay.
Cross-examined. I came up with a load that day—I don't remember where I took the other half load—I swear you were at Mr. Leaver's—I left the hay at Leaver's last because the cart was empty then—that was not the first time I had been to London—I told Mr. Harris I had to bring the hay back—I don't recollect your meeting me at Blinkoe's the next morning and your telling me to take the best off and take the other quarter of a load to Mrs. Harris's.
WILLIAM STAMFORD . I am coachman to Mrs. Harris, the prosecutor's mother—I remember being in the stable when some hay was brought but I do not remember the date—I told the carman and the prisoner that if my horse got loose and ate the hay I would not be answerable for it—they said Mrs. Harris told them they could put it there—they did not say who they had brought it from—the hay was left there three or four days, 17 trusses—it was afterwards removed in two or three different lots in a greengrocer's cart by the greengrocer and the prisoner. Cross-examined. Half a load may be 18 trusses—you brought some hay there three or four times and I told you the same thing over again—I don't know whether you took that away in a greengrocer's cart—I do not remember a quarter of a load being delivered to me on the 15th—27 trusses would fill the stable up.
JAMES STEELE . I am a School Board officer, of Marylebone—about 18th March I was near the back of the mews of 15, Montagu Street, near Mrs. Harris's stable, and saw the prisoner behind a sort of greengrocer's cart with three or four trusses of hay in it—I thought it a funny thing.
Cross-examined. It was a light sort of cart—it was not my business to make inquiry—I didn't notice the man's features driving the cart—he seemed a youngish man.
Re-examined. I took no part in the affair, but happening to be in the Marylebone police-office I heard of it.
The Prisoner in his Defence said that he was not in London on the 13th, but the carman came up to Mr. Leaver's with half a load of hay and another one, as to which the carman did not remember where he took it, that he
Came up to town on the night of the 14th and went down to Burleigh again the following Friday night, and left Burleigh for good on Saturday night and came up to London, and on Monday or Tuesday went back to Mr. Harris's to have a settlement, when Mr. Harris gave him instructions to meet him at Liverpool the next morning, that the carman never told him anything about it, and he now said he told Mr. Harris that Mr. Leaver would not take the hay. NOT GUILTY .
628. JOHN SCARBOROUGH (27) was again indicted for feloniously forging and uttering an undertaking for the payment of 4l., uttering the same knowing it to be forged, to which he PLEADED GUILTY .— Twelve Months' Imprisonment . (There were two other charges of embezzlement against the prisoner on which no evidence was offered.)
FOURTH COURT.—Saturday, June 29th, 1878.
Before Robert Malcolm Kerr, Esq.
MR. WILLS, Q. C., and MR. MONTAGU WILLIAMS conducted the Prosecution.
( After the commencement of the case the Prisoner applied for its postponement owing to the absence in Roumanla of Mr. George Crawley, upon which the Jury were discharged without giving a verdict, and the case was adjourned till next Session .)
MR. POLAND conducted the Prosecution; and MR. FRITH the Defence.
JESSIE HANNA . I live at Honor Oak, Villa Farm—on 7th April, between 3 and 4 p.m., I left the dining-room and went upstairs—the window was fastened by a catch—I left a silver teaspoon and a pair of sugar-tongs in the cupboard—I looked out of the upstairs window and saw a cart drawn by a grey horse—it stopped in front of the house which is in a private road—I saw the prisoner in the cart—I identified him in Newgate—he came towards the door, and not hearing a knock I opened the window and looked out and saw him spreading a rug on the grass in front of the window—I asked him what he was doing there—when he saw me he left the rug, and another man came out of the dining-room window at the same time—they both got into the cart and galloped off—I went down into the dining-room and found the window and sideboard open and I missed the sugar-tongs and a teaspoon—I was upstairs a quarter of an hour or twenty minutes.
Cross-examined. I did not give this evidence at the police-court because the case was not investigated—I made my statement to Mr. Stephenson, of the Treasury, about a month afterwards—I went to Newgate on the Wednesday before last Session with my husband—the detective did not point out the prisoner—I had seen the other man Smith before that at Hoxton—the prisoner was not standing next to Smith—he was walking round the yard—when then cart stopped the man was partly in a stooping position with his eyes to the ground, but I saw him come in at the gate—I
was looking through the glass—it is not a very long garden—he was not many seconds coming up—he stooped to spread the horse cloth on the grass—he kept his head turned towards me when he went away—I saw his three-quarter face.
Re-examined. I saw the second man at Hoxton and again at Newgate—he was tried last Session. (Seepage 154.)
CHARLES PETERS . I am a livery-stable keeper at Gloster Street, Hackney Road—I know the prisoner and have seen Smith once—on 17th April I let a cart and a grey horse to the prisoner at 10s. a day, from 9 a.m. till 7 p.m.
Cross-examined. He has hired horses of me more than once, but he never hired a grey one before—he had a rug with the horse and cart.
GUILTY .**— Five Years' Penal Servitude .
631. MAURICE BLANC (41), ALPHONSE DELAHAY (31), and LOUISA MAYER (30), Stealing two sealskin jackets, a cashbox, six shares in the Union Bank of London, and other articles, of Ellen Harris, in her dwelling-house, to which BLANC PLEADED GUILTY. MR. POLAND conducted the Prosecution; and the evidence was interpreted to
ELLEN HARRIS . I live at 216, College Street, Camden Town, and let apartments—on 30th April Blanc engaged my second-floor front room, at 10s. a week, and gave the name of J. S. Verin—he paid me a week in advance and asked me for a reference—he said he had come from abroad and that he expected a large box to arrive—he stayed three nights and left on Friday morning at 8 o'clock—the same day, at 6.30 p.m., I went to a box next to the room he occupied, and missed two sealskin jackets, and a cashbox containing a certificate for six shares in the Union Bank of London, several papers and receipts, a plated bracelet, a small gold cross, brooch, and other articles, also a pocket-book containing receipts—they are all here except the silver and the locket, chain, and cross—the prisoner never returned—I saw him the next day in custody, and I identified two sealskin jackets, one mine and one my sister's—the value of the whole of the property is about 50l.
ELIZABETH HAYDON . I live at 27, Dean Street, Soho, and let apartments—I let some apartments to Delahay nine or ten days before he was taken into custody—he paid me a week in advance, and about half an hour afterwards he brought a box—I showed the inspector his room.
CHARLES DODD (Police Inspector Y). On Thursday, 9th May, I went to 27, Dean Street, Soho, and the last witness showed me Delahay's room—the door was locked—I got in at the window and searched it—I found a certificate for some Union Bank shares, a cashbox, a chequebook, and a locket—I afterwards took Delahay, and found on him this pocket-book and a watch and chain, also a bone bracelet which refers to another charge, and I found these keys (produced) in his room—I told him he was charged, with Maurice Blanc, who was in custody, for stealing
certain property in a dwelling-house—he said "Me, me? you mistake, I am only two week from Brussels."
Cross-examined by Delahay. I am in error—you had a chain but no watch.
ABRAHAM BALLARD (Policeman Y 131). On 3rd May, at a few minutes past 8 a.m., I was on duty at the North London Railway, and saw Delahay waiting about at a short distance from Mrs. Harris's house—Blanc joined him—they shook hands and spoke and went to the corner of Bonny Street—they each had a bag in their hands—I did not keep observation on them, but I noticed them—I fancied Blanc saw me—one of them called a cab and Blanc got in and drove away—the others disappeared—I did not see them again until they were in custody.
SUSANNAH HOLMAN . On 18th March I was living at 154, Great Dover Street, and on the 22nd I found that my room had been entered and a quantity of things taken—the police showed me a bracelet which was stolen on that occasion—it is my property—Blanc was living there.
Witness for Louisa Mayer. MARIAT. GROULINE. Louisa Mayer is the wife of my brother, the prisoner Blanc, I was present at their marriage. (The certificate of the marriage was here put in.)
Delahay produced a written defence, which, being translated, stated that Mayer asked him to keep a box for him containing some kitchen utensils, as he was going to Paris, and that he had no idea of the contents, and that if he had known it was stolen property he would not have left his address with the landlady, because the police knew her.
Witness for Delahay. MAURICE BLANC (the Prisoner). When I gave you the things I never knew they were stolen—I gave you them because I was leaving London, and did not want them.
Cross-examined. I have known Delahay nearly three years—I gave him the things on 3rd May, the day before I was arrested at my place, 38, Marylebone Street—they were not a present—I have pleaded guilty to stealing five other cases—I cannot say whether I gave Delahay some of the proceeds, if I did the whole was not worth 1s. 6d.—I do not recollect giving him a bracelet that I took from Mrs. Holman's, nor a jet cross and cashbox, and pocket-book and other things—I am not aware what I gave him—I did not know they were stolen—I believe the police sergeant has made a mistake—if the servant was here she could prove I was wearing a different coat to what the police say I was wearing.
INSPECTOR DODD (Re-examined). The property was found in various parts of the room—the skeleton keys were in a box under the bed, and the bank and cheque books in Delahay's box.
DELAHAY— GUILTY .** He also PLEADED GUILTY to a conviction of felony at Liverpool in October, 1874.— Seven Years' Penal Servitude . BLANC— Two Years' Imprisonment . MAYER— NOT GUILTY .
MR. BAGGALLAY conducted the Prosecution; and MR. PURCELL defended Nash.
JAMES HENRY SOUTHGATE . On the afternoon of 31st May I was on Tower Hill, about 3.30—I saw the prisoners and the prosecutor—I saw a sailor and two females go somewhere for refreshment—I afterwards saw the sailor come out of the public-house and go round the corner—three men came out of the public-house—the prisoners are two of them—they took the sailor into a gateway—I saw Connolly feeling in the sailor's pocket with his right hand, and Nash feeling with his left—the third man held the sailor—they took something out, and walked off—I followed them, and gave them into custody.
Cross-examined by MR. PURCELL. The prosecutor was very drunk—I did not say so at the police-court—I watched because I had some suspicion—I have been in the Formidable training ship—I have not been convicted—I do not know what a reformatory is—the two women are strangers to me.
JOB BODMAN (City Policeman 703). Southgate made a communication to me on 31st May, and I saw the prisoners in Thames Street—I followed them till I saw another constable—I gave Nash into his charge, and took Connolly, and told him I should charge him with robbing a sailor on Tower Hill—while I was telling him he passed 5s. 6d. into a boy's hand.
Cross-examined by MR. PURCELL. Nash said "I know nothing about it"—I know Nash as a working man—I know nothing against him.
Cross-examined by Connolly. I know you as working at the wharf, and in one or two cases of assault.
Cross-examined by MR. PURCELL. I do not know Nash.
GEORGE FRANCIS (City Policeman 817). I assisted in taking the prisoners—they said they had just left work—I took Nash to the station—he said some one had given him 5s. 6d., and he had given it to the boy.
The Prisoners' Statements before the Magistrate. Connolly says: "A man gave me this money, 5s. 6d., with coppers. I did not put my hand in his pocket. The boy has sworn false." Nash says: "I know nothing about it."
Connolly's Defence. The boy swears falsely.
CONNOLLY— GUILTY .— Twelve Months' Imprisonment . NASH— NOT GUILTY .
MR. FRITH conducted the Prosecution; and MR. PURCELL the Defence.
ELIZABETH LONG . I live at 27, New Peter Street, Westminster—I lived with the prisoner—I left him on 25th May—I cannot tell you when I met him, I was very drunk—I went upstairs for my boots—I could not say whether I fell down—I was insensible from loss of blood—I was taken to the hospital—my clothes were covered with blood—I felt the scissors in my ear at the hospital—I did not see anything in the prisoner's hand.
Cross-examined. I had been drinking with the prisoner on and off since 14th February—we spent over 90l. in drink.
on the top floor—another policeman was with me—the prisoner had an axe in his hand—he said, "You b—s, if you come up here I will lay your heads open with this"—I told him I intended to come up to take him in custody—I wept up—he rushed at me—I took the axe from him—I saw a wound on the woman's head.
Cross-examined. I did not consider the prisoner drunk.
SYDNEY SMYTHE . I am assistant house surgeon at the Westminster Hospital—the prosecutrix was brought to me on Monday—I found a long incised wound over the top of her skull on the left hand side—it would be produced by a sharp instrument; I should hardly think it had a curve like this axe—the wound would not be caused by falling unless she fell on something sharp like steel, or the brass edging of stairs—it was a clean wound, which indicated that it was done by steel.
Cross-examined. It was after the occurrence I saw her—she had lost a great deal of blood.
The Prisoner's Statement before the Magistrate. "I can only say that she knocked at the door, and when I opened the door she missed her step and fall downstairs. I did not know anything about it till the sergeant came up, and when he told me he would take me in charge."
GUILTY of unlawfully wounding.—Eighteen Months' Imprisonment .
OLD COURT—Saturday, June 29th;
~NEW COURT—Monday and Tuesday, July 1st and 2nd; and
OLD COURT—Wednesday and Thursday, July 3rd and 4th, 1878.
Before Mr. Common Serjeant.
635. CARLO MORIGGIA (40) and GIOVANNI MORIGGIA (41) , Unlawfully omitting to discover to the trustees of their bankruptcy property to the amount of 3,800l.; and JOSEPH PEDROLLI (49) and WALTER O'CONNOR (30) , as accessories before the fact.Other Counts for conspiracy.
MR. H. T. COLE, Q. C., with MESSRS. STRAIGHT and TICKELL, conducted the Prosecution; MESSRS. MONTAGU WILLIAMS, THOMAS, and DAVIS appeared for Carlo Mariggia and O'Connor: MESSRS. POLAND and GRANT for G. Moriggia; and MESSRS. BESLEY and GRAIN for Pedrolli. ALFRED LOVE. I am a clerk in the London Bankruptcy Court—I produce the file of proceedings in the liquidation of Carlo and Giovanni Moriggia, with the petition for liquidation, signed 22nd September, 1877, and filed on September 24th—Giovanni is described as of 20 Wharf, City. Road Basin, and Carlo of 231, Westminster Bridge Road, Surrey, ice merchant and mineral water manufacturer—Giovanni is also described as of the Italian and Swiss Depot and late of Eyre Street Hill, Leather Lane, and also as trading at Aldgate High Street as a cafe and refreshment proprietor—the date of the first meeting of creditors was October 15th, 1877, and on 18th October Joseph Andrews and Joseph Snell were appointed trustees—on 24th December Mr. Vale was appointed interim receiver—the statement of affairs was filed on September 18th, 1877, and presented at the first meeting—in it the liabilities are: "Unsecured
creditors, 3,241l. 11s. 9d,; stock in trade, about 300 tons of ice at 10s., 150l.; book debts, 58l. 3s. 4d.; cash at bank, 1l. 9s. 4d.; furniture and pictures, 22l. 3s.; total, 1,195l. 10s. 10d."—I find four examinations of G. and C. Moriggia and Walter O'Connor on the file; the examination of Pedrolli on 28th November was taken before the Registrar.
Cross-examined by MR. MONTAGU WILLIAMS. It does not appear how many hours these unhappy Italians were under examination, but the proceedings are very bulky.
REGINALD PRESTON . I am clerk to Mr. Bartley, a solicitor, of Marylebone Road—on 12th September the four prisoners called there—Pedrolli, who had been a client before, introduced the others, and said that he had bought some property of them and wanted it transferred—Mr. Bartley was out of town—an assignment was produced of a house 173, High Street, Newington, and the transfer of the goodwill, lease, and stock-in-trade from Giovanni Moriggla to Pedrolli, of 173, High Street, Newington, for the consideration of 320l., and an assignment of 25, Albion Terrace, Newington, from the two Moriggias for 150l. to O'Connor, who was described in the instructions as of the City Road Basin, and of 1A, Kempsford Road, Surrey—they wanted it next day as one of the Moriggias could not say on which day he was going to Italy—I told them they could not have the assignment till 4 o'clock next Friday, the 14th, but they pressed me to get it ready by 10 o'clock—they gave me the title deeds and I took them down to Folkestone to be examined by my principal, as I could not send them by post—I got the assignments made on the 14th at 4 o'clock—in consequence of this letter which I wrote them Giovanni and Pedrolli and O'Connor came to the office and executed them—the deeds were left with me to be stamped, and that Carlo might execute them, as he could not attend that day—he called on the 15th and executed the assignments and the deeds were left with me till the 17th, when Carlo called and removed them and the assignments—the costs had been paid on the 14th—I read the deeds to the defendants in English, and they appeared to understand them—O'Connor paid 25l. in our office on the 14th; part of the consideration money, and he told me that the balance would be paid.
Cross-examined by MR. WILLIAMS. It took about five hours to draw the assignment—Pedrolli conducted the conversation—I do not think O'Connor took any part in it—I read the deeds to them in English with the usual legal phraseology—they did not want me to translate "demise," or anything of that sort.
Cross-examined by MR. POLAND. Pedrolli was introduced to Mr. Bartley by Mr. De Bella, a client of respectability, who we knew—instead of employing a conveyancer, it being a simple matter, I went down to Mr. Bartley at Folkestone and he did it himself—I carried out what was required—O'Connor paid 25l., and I understood that the rest had been paid beforehand—Pedrolli paid nothing in my presence.
Cross-examined by MR. BESLEY. Pedrolli signed the deed—we generally make both sign—I made a mistake at the police-court—Pedrolli paid 20l.—O'Connor paid nothing—Pedrolli stated that there had been an account open between Giovanni and himself about four years, and that Giovanni was indebted to him in the residue of the money—it was not explained to me that 1,600l. worth of bills of exchange for which not one shilling's worth of ice had been received were paid away as due to the Moriggias—I understood that Pedrolli wanted security.
Re-examined. Pedrolli is an Italian; O'Connor is an Irishman—he speaks English—I looked through the title deeds. (An affidavit sworn by Giovanni Moriggia on 6th February, 1878, was here put in.)
Cross-examined by MR. WILLIAMS. It was a long examination—it was taken in the Registrar's presence in one of the private rooms upstairs—he is not always there all the time—the trustee was represented by counsel, who cross-examined these Italians—a solicitor is allowed to be present as a matter of courtesy; he is not allowed to interfere in the proceedings, but if anything requires explanation he is permitted to put questions to elucidate it at the end of the examination, but he is not permitted to interfere during the proceedings—I do not think any interpreter was present—the evidence was not given through an interpreter—I cannot tell whether the prisoners said that they could not understand what was going on, it is impossible for me to remember.
Cross-examined by MR. BESLEY. Any witness who comes to give information is permitted to have a solicitor as a mark of courtesy, out not as a matter of right—Pedrolli had no one; you will see by the file how many hundred questions he had to answer.
Re-examined. They were put in English and answered in English—the Registrar was present a great part of the time, and he is, I believe, not only a good French scholar, but a good Italian scholar—he translated some of the documents—if it is necessary to explain anything, the solicitor is permitted to put questions to bring it out more clearly.
CHARLES EDWARD STOWELL . I am manager of the London and County Bank, Lambeth—on 29th August, 1876, Carlo Moriggia called with his wife Mary and signed this letter of authority to me to open a deposit account with her, which was done by his paying in 20l.—another 20l. was paid in on 29th January, 1877, making 40l., and the whole was drawn out on 22nd March, 1877—on 5th September, 1877, 150l. was paid in to the account of Mary Moriggia, I do not know who by—the whole of that was drawn out on 11th September, in five 20l. notes, Nos. 42227 to 42231 inclusive, dated 12th April, 1877, and five 10l. notes, 59415 to 59419, dated 10th February, 1877.
Cross-examined by MR. WILLIAMS. Carlo and his wife had called at the bank previously to opening the account, and it was explained that being a married woman she could not open an account herself—I afterwards wrote an authority and she got her husband to sign it.
Re-examined. Carlo came with his wife when the authority was delivered over.
CHARLES JOHN WILLIAMS . I am a clerk in the Bank of England—I paid five 20l. notes, numbered 42227 to 42231, and five 10l. notes, 59415 to 59419—No. 42227 was paid in by Glyn and Co., on 2nd October, 1877, and No. 42228 by the London and Westminster Bank, on 30th October; 42229 by Glyn and Co., on 22nd November; 42230 by the Central Bank of London, on 30th October; 42231, by the London and County Bank on 27th September; 59415 by the Postmaster-General on 27th May, 1878; 59416 by the Union Bank of London on 18th September, 1877; 59417 and 59418 by the Postmaster-General on 27th May, 1878, and 59419 by the National Bank, on 12th November, 1877.
GEORGE STEPHENSON . I am an ice merchant, of 104, Lower Tames Street—I have several branches—the ice trade is carried on in the names of George Glass, and of Forbes, Stuart, and Co.—I am also a Salmon factor—I have several banking accounts—for the business of Forbes and Co. I have an account at the Westminster Bank—early in 1877 the Moriggias were indebted to me over 500l.—I told them they might take as long credit as they liked, provided they gave me security at four per cent interest—it was arranged that I should take four promissory notes for 125l. each to be given by the two Moriggias, and they deposited as collateral security the leases of 26, Edward Street, Penton Place, and 173, Newington Butts—I gave them a fortnight's notice when the acceptances became due—on 12th September, 1877, all the acceptances had been paid—on that day Carlo and Giovanni called and paid 125l. in satisfaction of the last promissory note, and I handed them back their leases—he gave me these notes, Nos. 59416 and 42228, stamped Forbes, Stuart, and Co., on the front—Mr. Shead is captain of one of my ships—I made him a present of 50l. about this time, because he had been detained, I believe in part of the notes I received from the Moriggias—I also paid Mrs. Haynes some money in notes, 5l. or 10l. received from Moriggias.
Cross-examined by MR. BESLEY. I have been a Member of the Corporation of London for many years—I have been in business over 50 years—many Italians are engaged in the ice trade—I did not know Pedrolli—the Italians are economical, and save nearly the whole of their wages, and return to their own country—I did not inquire about the value of the leases, or whether there was any charge upon it—I saw that the houses were in good positions—if ice is not properly kept it all runs away—I believe Pedrolli was bail for his friends to 2,000l., and they surrendered at the proper time.
Cross-examined by MR. WILLIAMS. I knew the Moriggias a considerable time—at the time of the bankruptcy they still owed me about 109l. or 111l.—I took no part in the bankruptcy—they succeeded to Maroni, who owed me 160l.—he has not paid me—Moriggia came forward like a man—I said at the police-court that the Moriggias' loss was partly to be attributed to the way in which they kept their ice—that is still my opinion—I also said and say so still that further lose would result from selling without profit to get a connection—I Was surprised that the deficiency was not greater.
Cross-examined by MR. POLAND. I saw the ice wells—they were not suitable, and had four feet of water in them—I told them If they packed that well they would lose it all—the Moriggias bought ice of me while they waited the arrival of their own cargoes—their business was a low class one, retailing penny and twopenny ices—it would pay if one did enough of it, and stored the ice well.
Re-examined. I saw the well two or three months before they filled it, and pointed out its defects—I told them they had better board it over and raise it five or six feet—I knew there was a deficiency—I do not know what it was.
reside in Essex—on 20th October, 1877, I was at Mr. Stephenson's office—he paid me 50l. in consequence of the abandonment of a charter party in two 20l. notes and two 5l. notes—I paid one of the 20l. notes to my brother, Joseph Shead.
JOSEPH SHEAD . I am the last witness's brother—I remember his giving me a 20l. note between 15th and 25th October—I gave it to my wife—it was subsequently paid into Messrs. Fabrum and Jones's account at Colchester.
GEORGE WILLIAM CARMAN . I am a clerk to Messrs. Mills and Co., bankers, Colchester—Messrs. Fabrum and Co. have an account at our bank—20l. note No. 42229 was paid to our bank on 23rd October, 1877, and was sent to Messrs. Glyn, Mills, and Co.
ALFRED MANSBRIDGE . I am a baker, of Winstanley Road, Clapham Junction—I received a 10l. note from Mrs. Part about 7th or 8th October to change—I paid it to a Mr. Nicholls, a flour factor, of Forest Hill:
PHILIP BETTINO (Through an Interpreter). I am a labourer, of 3, Aldgate, City—in September, 1877, I was employed by the Moriggias—a man was in possession on behalf of the Bankruptcy Court—towards the end of September, Giovanni asked me to lend him a hand in loading a van after the man was in possession—Chin Chin Maroni was present, and O'Connor and Pedrolli—some chairs, a sofa, a chest of drawers, and two small sacks, the contents of which I do not know, were placed in the van—I do not know who put them in—I was inside the house drinking my tea—I may have said I saw them put on the van, it is so long ago I cannot remember whether I did—the people belonging to the house were present—O'Connor, Pedrolli, myself, and another person went away with the van—O'Connor drove it to Newington Butts—the things were taken out there and put in a shop—we all helped to unload—a few nights alterwards Giovanni asked me to help load a sack—I refused—I did not say why—Giovanni went away—when he came back I told him I did not wish to go to prison for another person.
Cross-examined by MR. WILLIAMS. I do not remember saying that the van was loaded before O'Connor came up—I am not positive whether it was or not—I was not able to drive a good horse—I said before the Magistrate "I could not drive at the time," and "I believe the goods were taken away before the broker came in"—it was before the man came.
Cross-examined by MR. POLAND. It was broad daylight—it was a fourwheeled van—the chairs were old, similar to those (produced)—what I called a wardrobe at the police-court was a japanned chest of drawers, very old—it was all old.
Cross-examined by MR. GRAIN. I came from America in 1876—I worked for the Moriggias two and a half months the first summer—I had 3l. a month—I drew 10s. at a time—I received board, lodging, and washing.
Re-examined. My duties were to work in the ice well and lend a hand in the yard—I travelled the second summer—my wages were then 3l. a month in summer and 2l. a month in winter.
By MR. BESLEY. The Moriggias had, I believe, 20 horses, 6 vans,
and 13 carts—by carts I mean vehicles on two wheels, and by vans vehicles on four wheels—two or three of the vans were worked by single horses—the carts were invariably worked by a single horse—there were always some horses in the stable—sometimes some of them were ill, and then he used to hire—I never took any notice of how many sets of harness there were in the stable.
JAMES ANDERSON . I am a labourer, of Marble Yard, King's Crossfor twelve months prior to 7th September, 1877, I was in the employ of the Moriggias as horse keeper and carman—I remember the Receiver's man coming into possession—prior to that a pony and harness and a light spring cart were in my custody—about a week before the Receiver came Giovanni called my attention to the bad state of the pony's withers—I asked him if he was going to take the pony cart and harness to grass—he said "Yes, take the lot"—he took them away himself—I remained until the horse and harness were sold, but I never saw the pony cart and harness brought back—I asked Giovanni several times how the pony was going on—he said all right, and that it was at Hammersmith—the value of the whole was about 25l.—on the day the Receiver's man took possession there were three sets of nearly new harness in the stable, and on the Wednesday following Giovanni called in at the kitchen door, and asked me to put a horse in the van as there was some harness to take away—there was a sack in the stable with harness in it, and I assisted in putting it into the van—Giovanni drove it away—I saw three sets of harness the next morning, but did not see it again—the value of those three sets was about 15l.—I asked a man named Bertini to load the van, but he ran away, and refused to assist me.
Cross-examined by MR. POLAND. The pony had a bad shoulder and bad withers—it was in an unfit state to work, and the best remedy was to send it to grass—it was about six or seven years old—I am not much of a judge of horses—I valued it at 15l., but that would depend on how the wounds healed—if it got well perhaps it would be worth 20l.—I should like to give 15l. for it—the harness was worth 5l.—this was the worst cart on the premises for heavy work—I don't know how old it was—the harness was not very old—it was the proper harness for the pony—I didn't take the harness out of the sack—when there was extra work I ordered extra horses by my masters' orders.
Cross-examined by MR. BESLEY. I was present at the sale, which was at the wharf—I was in the stable, and brought the horses to the door—I didn't see what price the hammer fell at—I was within 20 or 30 yards of the auctioneer—one party told me he had paid pretty dear—he paid something like 32l.
MONCOTO LUMPER . In September, 1877, I was in the employ of the Moriggias—I remember the man coming to take possession, but do not remember what day it was—I recollect some harness being in a sack in the stable, but did not see who put it in—I saw Giovanni take it away—the stableman was present, whose name I don't know—he is the man who was examined here last—this was after the man came into possession—I know O'Connor and Pedrolli, but have never been with O'Connor to Pedrolli's.
Cross-examined by MR. DAVIS. I was not examined before the Magistrate—they brought me a paper about a week ago to come here.
at 25, Edward Street, Penton Place—I have been there five years—Giovanni Moriggia was my landlord up to 8th October—I paid him 30l. a year—he called on me on 8th October with O'Connor, whom I had not seen before, and introduced him as the future landlord of the house, to whom I was to pay my rent, and I paid O'Connor 7l. 10s. in Giovanni's presence, and received a receipt—I left Giovanni talking to my wife, and went on with O'Connor to a public-house, where Giovanni joined us—about a month after this I went to Giovanni's shop at Newington Butts—I had asked him a long while before to have a new lid for the cistern, and I laid, "Whose house is it? does it belong to you or to O'Connor?"—he said, "Oh, it is all right; it is still mine," and promised again to repair the cistern, but it was not done till January, 1878, when it was repaired by O'Connor—I went several times to 173, Newington Butts to get the washhouse copper repaired, and saw Giovanni on nearly every occasion—I at last got the washhouse copper repaired by Lewis.
Cross-examined by MR. WILLIAMS. O'Connor did not say that I if I had any doubt about the payment of the rent to him, I had better see Giovanni about it—he wrote to me from the Court, and told me it would be all right if I sent the rent down to O'Connor.
Cross-examined by MR. GRAIN. I know Giovanni pretty well—he speaks very good English for a foreigner—I can always understand what he says.
HARRIET EMILY BABNETT . I am the wife of the last witness—I remember Giovanni and O'Connor calling on 8th October—Giovanni introduced O'Connor as the new landlord—I saw the rent paid to O'Connor, who left the house with my husband, leaving Giovanni with me—I said to him, "Have you sold the house?"—he said, "It will be all right when I get over my trouble"—he then left—about a month afterwards he called again, and I asked him what repairs he would do to the house; I had not sent for him—he said, "I cannot afford to do anything to the house; I have a new tenant, who will pay me 5l. more and put it in thorough repair"—after that a man named Lewis came to the house with Giovnani and Lewis repaired the copper—that was some time in November—no other repairs were done; the cistern was repaired in January by O'Connor's brother-in-law.
Cross-examined by MR. WILLIAMS. I do not know that O'Connor and Carlo married two sisters, or that Carlo married O'Connor's sister.
CHARLES LEWIS . I live at Cricketers' Cottage, Lower Kennington Lane, and am a bricklayer—about the beginning of November, 1877, Giovanni called on me and said there were two or three repairs which he wanted done to a house, and asked me to go with him and look at them—I went with him the same day to 25, Edward Street, and he showed me what repairs were required to be done, and on the next day I repaired the copper—on the next Saturday I went to Giovanni's shop in Newington Butts, and gave him a bill for 5s. for the work I had done—he said, "Will you take 4s. 6d.?"—I said "No," and he gave me 5s.—he said that he intended to have the house painted in the spring, and I asked him to give me the job, and he said he would consider about it—I did not call again—I only saw Giovanni there the last time, when he paid me, but I saw Pedrolli on both occasions.
went to 173, Newington Butts, which is a refreshment shop, with the name of Pedrolli painted on it—I went in and saw Giovanni behind the counter—I called for a bun and some lemonade—Giovanni served me—no one else was serving, but two or three people were having refreshments—I had a warrant in my pocket for Giovanni's arrest, which I read to him, and charged him with conspiring with three other persons to cheat and defraud his brother's creditors—he said, "Very well"—he appeared to understand it—I read it plain enough, and he didn't say anything—I asked him if he had any one to take care of the shop—he called a boy down from upstairs—I gave Giovanni in charge of a constable and went to 4, Station Terrace, Camberwell, to find Carlo, but could not—he had given that address—I went the same evening to 173, Newington Butts, and waited there till 1 o'clock the next morning, when Pedrolli came there—I read the same warrant to him—he said, "All right"—I asked him to show me round the house—he pointed to a room upstairs, where there was a bed—I asked him if that was where Giovanni stayed—he said "Yes, that is where he stays, and that is where he sleeps with me," pointing to the bed—I searched the drawers in that room, and found some papers, and in another drawer some account-books—I handed them to the trustees, and asked Pedrolli if those were all the books—he said, "Yes, those are all we have"—on the morning of the 25th I took Carlo outside the Middlesex House of Detention—I read the same warrant to him—he said nothing—I took him to Bow Street—I also took O'Connor on the 24th on the platform of the Liverpool Street station, and read the warrant to him—he said, "What do you mean?"—I said, "I have read the warrant plain enough to you, and you will have to go to Bow Street"—on the 27th May, by Mr. Vaughan's directions, I went to 4, Station Terrace, and was shown a box.
HENRY JOHN LIEVEDIRK . I live at 4, Station Terrace, Camberwell—I let a bedroom to Carlo Moriggia in November, 1877—he brought a box next morning which is still in my possession—he never slept there, but he left his address in Kennington Road and said that if any letters came they were to be directed there—he did not pay his rent—I was at home when Mandeville came but did not point out his room—my mistress did that—she is not here.
Cross-examined by MR. WILLIAMS. I have known Carlo eight or nine years—I do not know his wife or mother—his wife is O'Connor's sister—it was the first-floor back room—there was no other box there.
SIPSEY MANDEVILLE (Re-examined). I went into the first-floor back room and saw a box there, which I opened—I saw no other box but that. (MR. WILLIAMS objected that it was not proved that this was Corlo's box, and the evidence was not proceeded with.)
Cross-examined by MR. WILLIAMS. When I read the warrant to the Italians they seemed to understand it, but when I read it to the Irishman he said "What do you mean?"—I took Carlo outside the House of Detention about 8.30 p.m.—his brother was in the House of Detention on this charge.
Cross-examined by MR. BESLEY. I read the warrant very slowly to Pedrolli—I had read it over to myself before—I understood it to mean that they had received some property without telling their trustees—I cannot enlighten you as to how one person can aid and abet another in
not telling a trustee—O'Connor did not say "What is meant by the document?"—he said "What do you mean by it?"—there are about four rooms at 173, Newington Butts and a place where they mix up ice—there is a place for people to have refreshment and there is one bedroom—there is a large sofa on which a person can lie down, and there are three or four tables with marble tops—I should guess that the goods were worth a good deal more than 10l.—I saw about half a dozen chairs—none of them were to pieces like those produced.
JOSEPH CORBELLI (Through an Interpreter). I am a labourer and was in the employ of the Moriggias in the City Road in September, 1877, and also in July and August, 1876, at Newington Butts for two or three weeks serving in the shop—Pedrolli was not there—Giovanni told me that he had let the shop to Pedrolli—I think he said for 100l., but I do not recollect, as it is two years ago—that is when I was employed at the ice wells—I am not certain whether it was July or August, 1876—my wages were between 30s. and 35s. a month at 173, Newington Butts.
Cross-examined by MR. WILLIAMS. I don't know Mrs. Carlo.
Cross-examined by MR. BESLEY. I was at the ice wells nine months—I was there two or three weeks, but not being a literary man I cannot say whether I was there one or two Saturdays—Pedrolli came there once or twice—he was not ill that I am aware of—I left the employment when the bankruptcy took place—I have only received 2s. 6d. on account for going to the police-court—I was called into the witness-box there and was questioned through an interpreter as to whether this conversation took place before or after—I have not conversed since with any gentleman connected with the prosecution—it was some time last year that Giovanni said Pedrolli was to go into the business and pay 100l.—I made no memorandum of it—I cannot write—I cannot say whether it passed away from my mind until after I was examined at Bow Street—I am very much confused—such a trivial matter as this of course I took no notice of—Giovanni did not say to me "I owe Pedrolli money and I am about to transfer to him the business at Newington"—he said 100l., but whether it was annually or not I didn't pay any attention.
PETER MATERI (Through an Interpreter). I live at 42, Park Lane, Spitalfields—in September last I was in the employ of Carlo and Giovanni at the wharf. City Road—I remember seeing two chairs, a sofa, and a chest of drawers being loaded on a van when Pedrolli, Giovanni, and O'Connor were present—Carlo was not there—I did not see what was in the van—I asked Giovanni why he was removing the things and he said "I am going to take these things to Newington Butts because my wife is coming back from Italy"—the van drove off—they all three went with it.
Cross-examined by MR. BESLEY. This was about 5 p.m.
THOMAS SOUTHGATE . I am managing clerk to Messrs. Smart and Snell, public accountants, 53, Cannon Street—John Thomas Snell was one of the trustees, with Mr. Andrews, of this estate—I have had the investigation of their affairs since the case came into Mr. Snell's hands—prior to the liquidation I was employed by Mr. Ward in May, 1877, to look into the Moriggias' affairs, as they were indebted to Mr. Ward in about 800l.—a man named Cetta was their clerk at that time—I went through the books and accounts assisted by Cetta, and submitted the statement I arrived at to Giovanni—I have it here—I went through the
items with him and spoke of the value of the houses 25, Edward Street and 173, Newington Butts—he said that the leases were in the hands of Mr. George Stevenson as security for some bills that were running—when I came to the particulars of the house at Newington Butts, he said "The Newington Butts lease and business I would take 500l. for"—that is a pastrycook's and ice shop—I understood him to mean for the goodwill—that is the business which was subsequently transferred to Pedrolli—he told me that 17 years of the lease at 52l. 10s. per annum were unexpired—I asked him the value of the Edward Street business—he said "You can judge for yourself from the particulars I have taken there"—those particulars were 70 years unexpired at 5l. ground rent, let at 30l. per annum—I have valued the two houses at 800l. in my estimate of assets and liabilities—in consequence of that Mr. Ward did not press them, but they agreed to pay him at the rate of 25l. a week—they were solvent then, but they wanted time—I took into account 1,500 tons of ice which was said to be on the premises. (The estimate was here put in, showing a total of 4,025l. assets, and 2,9881. 12s. 4d. liabilities, signed Giovanni Moriggia and H. C etta.) I got this account of the liabilities from Giovanni and his clerk—I have put down liabilities to Stevenson on four bills at different dates—these are the particulars of leases which I wrote in pencil—I carefully inquired into the position of things—they continued trading till September, which was about four and a half months after the time I saw them—I calculated the amounts of purchases of ice and then ascertained the amount on the premises—there was a very large deficiency, representing about 3,700l., assuming it all to have been sold at the price he had sold ice at previously—there were 1, 500 tons in the wells—he purchased 3,039 tons, and sold 2,597 tons, so that I calculated the quantity in the wells at 300 tons—the whole of the ice in the wells only realised 48l.—the price that it sold at, according to the books, was 42s. 1d. per ton, so that there would be a deficiency of about 3,700l. in the four and a half months—in consequence of the investigation I made, I thought a private sitting for the bankrupts' examination would be necessary, which was held, and the four prisoners were examined—your friend, Mr. Thomas, represented the trustees at that hearing—I was present at the whole of the examination—they did not disclose to me any portion of the money paid to Mr. Stevenson out of the account of Mary Moriggia at the London and County Bank—Carlo did not disclose the receipt of 60l. from Pelnica for the sale of the premises, nor did he account for it—I took possession of 231, Westminster Bridge Road—the shopman was there when I got there and two men, who I did not know at the time, O'Connor and Carlo, were sitting at a table playing at dominoes—I asked the shop man if Mr. Carlo Moriggia was there—he was an Italian—I do not know his name—he said "No, he has left some time, and has sold the business"—Carlo then turned round and said "I am Mr. Moriggia"—I said "I represent the trustees of your estate; I have come to take possession of your shop"—he said "I have sold the business to Mr. Pelnica"—I asked him if he had documents to show that they were there on behalf of Mr. Pelnica holding possession, because if not I should leave a man in possession on behalf of the trustees—the shopman said "No, the young woman, the servant, is looking after the business for Mr. Pelnica, she may have something"—he called her—she came down and showed me a small account-book showing when the receipts commenced—I
have not got it—Carlo said nothing to that—that was all the conversation—I found no trace in the books of the receipt of 60l. for the sale of the business—I have not got it from Pelnica although I have asked him twice for it—Giovanni never disclosed to me the alleged payment of 25l. by O'Connor—there is no trace in the books of any sale of the leases—the first clue I had to it was finding the pieces of Mr. Preston's letter in a broken cashbox in Pedrolli's room; I pasted them together—from that I was able to trace Mr. Berkeley—the first examination was on 27th November—that was private—they were simply asked about the two properties, Newington Butts and Edward Street, and they said that they had sold them but gave no particulars—this (produced) is the ledger of the City Road Wharf—here is an entry in it of cash received from the Newington Butts business, and from the Westminster Bridge Road business, from which it appears that the City Road Wharf was the main business and the others were branches—during the investigation I frequently saw Giovanni—he told me at the beginning of the year that he was living at 2 1/2. Lower Marsh, Lambeth—I went there to find him, but did not succeed—I afterwards found him serving in the shop at 173, Newington Butts—no one else was serving there, but a young man was called down from upstairs, and Pedrolli came there about 1 o'clock—I asked him to show me where Mr. Giovanni slept—he took me upstairs, pointed out a bed on which he said he and Giovanni slept, and pointed to Giovanni's clothes and his box—I have not been able to discover any trace of a pony and harness—its removal has not been disclosed to me by either of the prisoners—I have not found three sets of new harness—I have not been able to trace the furniture which was removed, nor has the place it was removed to been disclosed to me by either of the prisoners, except on the examination at the police-court—the total indebtedness of the bankrupts is 3,241l. 1s. 9d., and there are certain liabilities—provincial creditors 374l. 9s. 3d.—I have realised all the assets that have come to my hands, except a few book debts, and the amount, after deducting the expenses of the auction, is 1,016l. 5s. 3d.—I have not investigated the trading of the 12 months preceding the liquidation, only the four and a half months from the time I examined for Mr. Ward—I got the values of the horses from the clerk, Cetta—I knew nothing about the values—I took them from him, and he showed me one or two books—I simply wished to see if there was sufficient for our clients—the deficiency in the trading in the 4 1/2; months is about 2,800l., but I cannot do it exactly without explaining each item—I did not take into consideration the value of the leases, because they were in pledge to Stevenson—I cannot go into the deficiency of the trading—you must simply take it on the assets and liabilities—the harness was sold for 27l. 2s.—there were 17 sets by the catalogue—the sale was on 3rd October—he does not say whether the 160l. at which they were valued in May included the whole of them—I have the letters here—there are other letters threatening proceedings. (One of these was from Messrs. W. J. Bush, of Soho, applying to the defendant for 23l. 8s. 3d. for goods supplied. A number of other letters were also put in in English and Italian referring to cargoes of ice which had arrived, and which were waiting for payment.) The houses of which the leases had been disposed of had been valued by a surveyor—one was disposed of to Pedrolli, and one to O'Connor—the heading in the book is: "Ice shop, Newington, Giovanni Moriggia and Co."—at the ice shop in Westminster it is the same.
Cross-examined by MR. WILLIAMS. The conversation with regard to the Ward's business was entirely confined to Giovanni—I did not see Carlo at all—I find by the ledger a balance in favour of Pelnica of 10l., and a bill due from Pelnica on June 2nd of 123l. 10s. 6d.
Cross-examined by MR. BESLEY. I did not say a word about these letters at the police-court, because I was not asked a question about them—I have not referred to any of the letters with regard to the ship Nord—I find by the ledger that 100l. was paid in September on the delivery of ice from the Nord—I have not the date here—the letter is dated 3rd September, and the payment was on the 5th—the letter says: "I beg to acknowledge your favour, enclosing cheque for 100l. I had expected 300l., or at least 200l."Subsequently to that an offer was made by the owner of the ice to sell the cargo, because they could not find any more money—these two letters refer to that transaction—I find that Goodchild was paid 50l. on August 15th, 50l. on August 20th, and 50l. on August 24th—there is about 100l. to Goodchild's credit in the ledger—he still owed 100l.—here is another letter of Cantor and Bell referring to 23l. 8s. from W. J. Bush and Co.—there is 13l. 12s. to Best's credit in the ledger—the last payment to Best was on February 27th, 1877—he has only credited the 23l. 8s., 4l. 4s., and 7l. 0s. 3d.—I have seen the invoices, and I have seen the proofs, and I believe them to be correct—the 13l. 12s. is for goods supplied in August.
Cross-examined by MR. GRAIN. I ascertained the deficiencies in the ice account from the ledger and cash-book, and the daily ice-sales book—I got the purchases of ice from the ledger and the invoices—it is not the practice of the firm to paste the invoices into their books—the ledger is a copy of the totals of the invoices, but I took the original invoices, and compared them with the ledger—I find 3,139 tons of ice invoiced to them from 3rd May to 22nd September—I have before me the actual invoices for these amounts—they show 4,639 tons of ice to account for by sales or otherwise including the 1,500 tons—the average price at which the 3,189 tons are invoiced to them is about a pound a ton, except what they purchased of Mr. George Stevenson—I find that they bought ice to the amount of 3,100 tons after the stocktaking in May, of which they sold 2,595 tons—I traced that from the different documents—I have no means of telling whether the ice which is invoiced to them was delivered into their possession, except in two cases, and there are 10 invoices representing 676 tons—I went on 3rd May on Mr. Ward's behalf to look into the position of Moriggia Brothers—Mr. Ward is the endorsee of several bills of exchange drawn by J. Sadler—I don't know that they were accepted by Giovanni and C. Moriggia, or that they were given before the ice arrived in this country—I inquired of them in respect of what transactions they had given those bills to Mr. Sadler—they said that they had given acceptances to Sadler for ice, and he had overdrawn on them—Giovanni was asked whether they were accommodation bills—he did not tell me he had accepted them for ice which had not arrived—he said they had accepted the bills, and received no value for them—Sadler is an ice broker—3,000l. worth of ice was purchased at 20s. a ton, which brings the account up to 4,500l.—they appear to have sold 2,595 tons—that leaves a deficiency of 2,044 tons to account for—I have not taken the selling value—they sold 2,595 tons, and I gave them credit for 3,000l. tons in the wells—that leaves a total net deficiency of 1,744 tons, taking the price which they
assume to have sold at, namely, 42s. 1d. a ton—I can show you by the books that they sold ice at 42s. 1d.—I cannot tell whether it is block ice—I valued the ice in the well as rough ice at 20s. a ton—I am speaking of ice, not ice cream, but ice delivered from the ships—there were about 20 carmen—there is not the slightest indication in the books as to where the ice has gone—each carman has a great number of establishments to deliver ice at—the loads would go through the streets during the day—if a carman leaves the ice to stand in the sun he would have to make it up—I am not a skilled witness as far as ice is concerned—I am not prepared to take my oath that there was a deficiency of 3,704l.—I go by the figures in the book—I don't know whether any of the 20 carmen have embezzled ice daily—I do not say that in four and a half months they have embezzled 3,704l. of their creditors' money, but that is the deficiency—the only data upon which I have to go is that there is the book in which the ice delivered out to the 20 carmen is entered every day—I cannot go a step beyond that, but I can give you an explanation—the book was kept by Mr. Cetta's clerk at the time I took out the statement—I base my figures on these books—I have not the slightest idea where Cetta is—I have seen him enter the amounts in the books—2l. is the lowest price mentioned in the books for a sale of ice—they are in a great muddle, but I formed my opinion from them—I knew that Giovanni was the manager of the business, and I assume that the books are correct—this is the mere essence of the books—I saw that a large portion of the ice was sold, and the money was received—if their servants robbed them, that would account for the deficiency—I allow 300 tons for the stock in the well at the time of their failure—I make no allowance whatever except for stock in trade—I inspected the ice in May, and from what I have learnt since I say that that quantity was there—he seems to have taken every precaution to prevent waste—I find from 3rd May up to the filing of the petition that there were regular payments into the bank almost every day—there is no blank of a week or a month without payments in—I find no other banking account besides this—I don't think there is a single entry in any of the books to show that they put any money on deposit or in the Post Office Savings Bank, or paid out any more from their own bank, except that there was 10l. drawn out by Giovanni just as they stopped—there is not the slightest secrecy about the leases of Edward Street and Newington Butts—I know perfectly well that they had the leases of those two houses—I asked them as to the value of those two houses—Giovanni said that he would not take 500l. for the house at Newington Butts, and I could go and judge for myself—I put the two houses down at between 700l. and 800l.—Mr. Cutter's valuation at 150l. was simply for the lease—I valued them independently of the goodwill—I valued the lease of Newington Butts at 80l. a year, and it was certainly worth it—I put down the total value of the leases at 300l., and the goodwill 200l.—I put down the lease of 173, Newington Butts at 300l., independently of the goodwill, and Edward Street 250l. or 300l.—one had a much longer period to run than the other—the 20 horses I valued are only put down here at 45l. apiece—they were cart horses—he said that was the average price, and offered to show me the cheques—the busy time of the season is from May to September, and the horses were in bad condition when I went into possession—they had done all the work of the season—he told me that he had given 20l.
apiece for the carts, and offered to show me the cheques, but I was quite satisfied—I don't know that it was the same harness that I had valued at 160l., which is put down at 27l. 10s., or whether it fitted the horses that were in the stable—I don't say they have exchanged old harness for new—I valued the ice at 20s. a ton on 3rd May, and now at 42s. 1d. simply to see whether they were in a position to pay—I have actually realised from the assets on behalf of the estate 1,016l. after deducting the costs—there is not 6s. 8d. in the pound left now, and there never was—the total liabilities are 3,600l.—I have handed over to the trustees 600l. after deducting all preferential property—the preferential payments have to come out of the actual liabilities, and they are very considerable—I have not got 1,000l. out of the estate—there were 300 tons of ice when the Receiver went in—I don't know whether it was measured—the carts remained on the premises until the end of November or the beginning of December, and the Receiver kept on a portion of the servants, but others were discharged—the ice was sold by auction—the trustee was appointed on 15th October, and when the certificate is filed he becomes the responsible person and ousts the Receiver—on 14th October Mr. Andrews and the other trustee put a man in possession—the 300 tons of ice have not been in the well all the time—it was sold on October 3rd and realised about 30s. a ton—48l.; it was not 3s. 3d. a ton.
Re-examined. The first Receiver was appointed on Giovanni's application—I had nothing to do with it—he sold the ice and the horses before I went in—the Receiver had 427l. 11s. 11d., and the assets being 1,016l. leaves rather less than 600l. to pay 3,600l.—that is hardly 3s. 4d. in the pound—I have taken the figures of the ice accounts from their own books—the invoice and the ledger are the same—they charge themselves in the ledger with having received the amount of ice which I have put down—when things are carried into the ledger it is a charge against the firm of having received them—the book from which I took the sales has "Vendita" outside—(The Interpreter explained this to mean cash-book sales)—that is the book in which they charge themselves with the money they have received—this other book is also marked "Vendita"—the first column is supposed to be for the waste—in another column the carman charges himself with so much ice taken out which is to bring back so much money—the price of the ice varies at different places according to the customer to whom it is sold—a tradesman would be charged wholesale price and a gentleman would pay more—when I was making inquiries with regard to the estate in May Giovanni produced these books as being the correct books of his business—he also showed me a letter—when I went into the wells I said "There must be a waste; how do you get rid of the water?"—the clerk said "We have a floor at the bottom of the wells and a steam pump is at work night and day to prevent the accumulation of water, which dissolves the ice"—the engine is connected with the mineral water business—I want to explain that in taking the ice account considerable allowance must be made for waste—I have spoken to some most eminent men in the ice trade and they tell me that it would be a very fair thing to allow 10 per cent, deficiency, and if I do that it would amount to a deficiency of 1,250 tons instead of 1,744—that would still leave a deficiency of 2,790l.—I looked at the horses at the time I made the valuation for Mr. Ward, but being no judge
I took Giovanni's valuation—the horses and vans were the two important items at the sale—the Receiver sold the horses, carts, and machinery.
JAMES ROBERT CASSELL . I am a surveyor, of Billiter Square—I have had experience in surveying property in London—on 20th June this year I made a careful survey of the leasehold property of 173, Newington Butts—I valued the lease at 150l.—I had nothing to do with the goodwill or fixtures—there were fixtures there but I did not value them, and the goodwill could only be ascertained from the trading—the number of years' purchase for goodwill all depends upon the amount of capital employed—if there is a large capital employed and the business only produces 200l. a year the goodwill would be worth nothing—each case must be judged by its own circumstances—I valued the Edward Street premises at 300l.—there were 79 years to run.
JAMES THOMAS SNELL . I am an accountant, of 753, Cannon Street, and one of the trustees for the Moriggias in the liquidation—neither of them disclosed to me the lease of 173, Newington Butts, nor the lease of 25, Edward Street, Penton Place, nor the harness, pony, and cart spoken to by Mr. Anderson, nor the three sets of harness, the safe, wardrobe, and other articles removed on 24th September—Mr. Southgate had charge of it on my behalf—I was not told of the 60l. received from Paronki nor of the sale of 25, Edward Street, or 173, Newington Butts—he did not hand over to me 20l. received from O'Connor or 25l. from Pedrolli, or disclose any of these things to me.
JOSEPH ANDREWS . I am joint trustee with the last witness and carry on business at 7, Ironmonger Lane—I have heard his evidence—it is correct. Cross-examined, by MR. GRAIN. We received 600l., which was paid into Smith Payne's bank.
Re-examined. We were appointed by the creditors.
ROBERT TANNER EGLETON . I am an oil and colourman, of 171, Newington Butts, next door to Giovanni—Pedrolli called upon me in August, 1876—I had a conversation with him—I knew him as Frizzy—he said he had left the Moriggia's and gone round the corner and was doing A1—I noticed that the shop was not doing much—six weeks afterwards I met him and he said "I shall be back directly"—I afterwards saw him in the shop again—he said he had bought Moriggia's business—I asked him if he would sell the business—he laughed.
FRANCESCO BARRAL . Giovanni was partner with me—he said he was going to take a share of the ice works, and leave his wife and children at the shop in Newington Butts, and live at the ice works in the City Road; that he would let his shop to a man, whose name I forget, at so much a week—in August or September he told me he was going to be bankrupt, and a week afterwards he told me he was going to let the shop.
Cross-examined by MR. GRAIN. It was Mr. Cetta who told me Giovanni was going to be bankrupt—I do not know when Cetta left his employment—I was not called at the police-court—I was asked to give evidence about a month ago—I have not quarrelled with Giovanni—I did not fight him—I said, in a passion, "If I could get Giovanni Moriggia hung, I would do so."
Re-examined. I lost my temper because I was disappointed in not leaving a house in September and going to 9, Aldgate—I mentioned to Giovianni that Cetta said he was going to be bankrupt—Giovanni said he could not help it.
JOHANNA GIOVANNI LEVI MARIONI . I am a confectioner and ice seller—I know the Moriggias—I let a shop to Pedrolli in July or August, 1877—I afterwards saw Giovanni—I said I wanted some money from Pedrolli—he said Pedrolli had not paid him his rent yet—he did not say what rent it was.
The evidence of Carlo and Giovanni Moriggia in the Bankruptcy Court was put in and partly read. MR. BESLEY then submitted that as neither Pedrolli nor O' Connor to were bankrupts, and as their statements were not voluntary, but given under pressure, they could not be used against them. MR. GRAIN took the same objection. MR. COLE contended that the statements were admissible, as the Act not only compelled the bankrupt to appear and give evidence, but other parties also, under pain of committal. (See Queen v. Chidley, 8 Cox's Criminal Cases, p. 365, and Queen v. Robinson, 1 Crown Cases Reserved.) The COURT Considered the evidence admissible, and the notes were put in and read. MR. TICKELL, referring to the decision of Mr. Justice Hawkins in the Albion case, reported in the Sessions Paper of May, 1878, claimed the right of reply on behalf of the Attorney-General, although the Defendants called no witnesses. MR. WILLIAMS contended that this was simply a Bankruptcy and not a State prosecution. MR. BESLEY submitted that the attention of Mr. Justice Hawkins had not been called to the Act of Parliament of May, 1865, or he would not have decided that counsel representing the Crown had a right of reply, that this prosecution was instituted by a private solicitor, the name of the Crown not being on the Indictment. MR. TICKELL replied that the prosecution was instituted by the Treasury, and was on all fours with the Albion case, in which Mr. Justice Hawkins had decided that counsel representing the Crown had the right of reply. The COURT, having looked through the cases, considered that they were all in favour of the right claimed, except one, in which Mr. Justice Brett had held that the right of the Attorney-General was personal to himself. In the present case, the prosecution being instituted by a public department of Her Majesty's Government, the counsel for the prosecution had the right of reply, although no witnesses were called for the defence. MR. COLE then replied.
CARLO and GIOVANNI MORIGGIA and O'CONNOR— GUILTY on the Counts relating to the Edward Street house and on the Conspiracy Counts relating to the same. PEDROLLI— NOT GUILTY . CARLO MORIGGIA— Eighteen Months' Imprisonment . GIOVANNI MORIGGIA— Two Years' Imprisonment . O'CONNOR— Nine Months' Imprisonment .
OLD COURT.—Tuesday, July 2nd, 1878.
Before Mr. Recorder.
636. JOSEPH LAWRENCE BUTLER otherwise called LORD CAHER (60) , Unlawfully attempting to procure Robert Reid to execute certain valuable securities, with intent to defraud. Other Counts—to injure and defraud William Hale Willatts.
MESSRS. POLAND and PURCELL conducted the Prosecution.
ROBERT REID . I am an auctioneer of Great Marlborough Street—some property called the Tenter-ground estate was entrusted to me for sale; it comprised 122 houses, a public-house, and a chapel—the sale occupied two days, the 10th and 11th April—Mr. William Hale Willatts was the
owner of the property—a vast number of advertisements of the sale were inserted, and bills of particulars posted, at an expense of more than 100l., which I paid out of pocket—I saw the accused in the auction-room—I think he bid for the first lot—he was sitting where the vendor's solicitors usually sit, on the left of the rostrum—the property was put up in 100 lots—the defendant went on bidding for about three quarters of an hour, until 21 lots were knocked down to him, amounting to 11,145l.—I then inquired whether the contracts were signed and the deposits paid—my clerk, Mr. Bozley, informed me that the gentleman would do it presently—I insisted on its being done then, and Bozley came back with this cheque for 1,114l. 10s.—I told him not to allow it to be crossed—I endorsed it and sent it to Messrs. Hedges and Richards by a gentleman in the office of the solicitors to the vendor to cash it—in the meantime the defendant continued to bid, and ultimately bid for 23 lots more, amounting to 10,945l., making a total of 22,090l.—upon that my clerk brought me this second order for the 10 per cent, deposit—before the gentleman returned who had gone to Messrs. Hedges and Richards the sale had concluded for that day, and the buyer had gone—the defendant had signed the contracts at the time he gave the cheques. (These were signed "Caher," witnessed by R. Bozley.) The gentleman returned that same afternoon from Hedges and Richards's with a message that they were surprised at the defendant's audacity, or something of that kind; that they had no money of his—the second cheque was sent the next morning, and that was dishonoured also—I afterwards received this letter from the defendant, written on Messrs. Hedges and Richards's office paper, enclosing two stamps and stating that he would be at Barclay's on the 24th, and that the money would be paid there—I went there and presented the orders, and they said they had not heard of the man or had any money of his or any orders to pay any such cheques—these are the contracts, there are 44 of them—matters remained quiet until 6th May, when I received this letter from the defendant, stating that he had been ill ever since the sale—after making inquiries, the vendor's solicitor took out a summons—the defendant did not appear to it—I then received this post-card of 14th May—a second summons was taken out, and the defendant did not appear—an intimation was then given that if he did not appear a warrant would be issued—this second post-card, addressed to Mr. Alderman Hadley, is in the defendant's writing—I have never been able to obtain a shilling on these receipts or contracts, or to recover the expenses incurred by the auction, which, including my commission, is nearly 400l.—the defendant bid repeatedly for the public-house—a brewer's agent bought it.
Cross-examined by the Prisoner. The public-house was sold for 4,560l.—all the contracts are here, signed by me, I signed them on 24th April, the day I went to Barclay's—I know Alderman Ellis, who committed you—he is an auctioneer—we meet on business at times—I did not have a private conversation with him before your case came on—I did not know that he was going to sit before I saw him on the bench—I did not send these contracts to you, I waited for the money—I never saw you after the sale till I saw you at Guildhall—you gave your address at Hedges and Richards's, and in the letter at Eaton Street—Mr. Willatts is not here that I know of—he is taking these steps—he is my client in the matter—I saw two or three clerks at Barclay's—they did not know you—I
went there about the middle of the day—I understood that you knew some of the firm, so I sent a message into the parlour by a clerk to see if Mr. Twells knew you, and the clerk said you were not known to any of them—I did not see Mr. Twells or any member of the firm—my commission on your purchases without the expenses would have amounted to 330l.—if you had not been at the sale we should have had no trouble; every other lot was sold and completed, and we should have carried the sale through successfully—as it is we have 22,000l. worth left on our hands
RICHARD BOZLEY . I am clerk to Mr. Reid—after the defendant had purchased some lots I asked him his name—he said "Lord Caher"—I asked him whether he was Lord Caher, or his agent—he said Lord Caher himself, and produced this envelope from his pocket—it is addressed to the Right Hon. Lord Caher, 3, Catherine Court, Tower Hill, E. C., and bears the postmark of Feb. 4,1878—he signed the contracts—I asked him for a cheque—he said he had not his cheque-book with him, would an I O U do—I said certainly not, it must be a cheque—he then took a piece of plain paper and wrote this cheque for 1,114l. 10s., addressed to Hedges and Richards, signed "Caher,"on demand, pay Robert Reid—he tried to cross it, I stopped him and told him it must be an open cheque—I took it to Mr. Reid, and he endorsed it—I provided the defendant with a stamp—I afterwards saw him about signing the cheque for the deposit on the remaining lots that he had purchased, and also saw him sign the remaining contracts—he signed the other cheque in the same way—this is it—I also furnished him with a stamp for that.
Cross-examined. You did not say at first that you had neither chequebook or banking account, and you would thank me for a piece of paper—if you had said you had no banking account I should have spoken to Mr. Reid—you did not tell me that Hedges and Richards supplied you with money to pay for what you bought at auctions; I swear that—you gave no reason for drawing on a private firm instead of a banker—you were about to cross the cheque, as I imagined, and I said "Please not to cross it," and you said "Oh, very well"—I don't recollect your telling me who Mr. Richards was, or my asking you what you intended to do with the property.
Re-examined. I did not know who Hedges and Richards were, or the defendant's connection with them.
FRANCIS BEAUMONT MORRELL . I am clerk to Messrs. Hind and Co., the vendor's solicitors—I was present at the sale on 10th April—the first cheque was given to me to take to Messrs. Hedges and Richards—I took a cab and drove there and presented the cheque; it was not paid—it was drawn payable at Wapping or Catherine Court—I saw the junior partner of the firm at Wapping, who said it was great cheek and that he had no money to pay it—I then went to Catherine Court and saw Mr. Richards, he also said that he had not the slightest authority to pay it—I then went back to the auction and the sale was over.
Cross-examined. I left the auction about 4 o'clock, and got to Wapping about 4.20; I drove very fast—I saw a young fellow there, the son of the junior partner, he called himself Hedges—he laughed and said it was great cheek, or some expression of that kind—I then went to Catherine Court and saw Mr. Richards, who is here, and presented the order to him—he said he could not pay it, he had not any money of yours to pay it with—he did not say it perhaps in those words, that was the purport
of it—it was about 4.45 when I left Catherine Court, and got back to the auction about 5 o'clock.
WILLIAM HENRY RICHARDS . I am a member of the firm of Hedges and Richards, cornfactors—our counting-house is at 3, Catherine Court; the granaries are at Eagle Wharf, Wapping—the defendant was formerly in our service; I forget when, I think in 1876—we usually called him Butler; I knew that he claimed the title of Caher—his salary was, I think, 30s. a week—he acted as an ordinary clerk; he was only with us some few months; he left at the end of 1876—since he left we have lent him money; the largest amount, I think, was 29l. or 30l.—it Was an advance on goods that he had bought at a sale, pictures and tables—besides that I have lent him different small sums, 10s. or a pound, and I believe as much as 2l. or 3l.; he has said that he had bought goods at an auction and he wanted this to pay for them; and when he has been short of money I have given him a few shillings or half a sovereign out of kindness—I never had any money of his on deposit; I never authorised him to draw on my firm for money—he had no authority to draw on us for any such amounts as those two cheques; the first I knew of it was when they were presented—these letters and post-cards appear to be in his writing—he came in a few minutes after the clerk had gone who presented the first cheque—I said "A clerk has been here with a cheque for 1,000l., or something like that; how came you to give one of that amount on us?"—he said "Oh, I intended to have seen Mr. Hedges, who, no doubt, would have advanced me the money," and he asked me if Mr. Hedges was in town—I said "No, he is away in the country"—he had been away for a day or two—I think he asked me when he was coming back—I think the defendant's private address was 11, Eaton Street.
Cross-examined. I have known you six or seven years, possibly nine—you were cashier, book-keeper, and correspondent—I consider you a very honourable man—I bought this 2l. dishonoured cheque of yours from Mr. Philips, in whose favour it is drawn—it is dated 26th May, 1870—you very likely paid me 2l, for it or I should not have given it back to you—I have very often advanced you money—at the time these cheques were presented you owed us 10l. for wine, and I made you an advance of 8l. or 10l.—after the first cheque was presented, I advanced you 29l. and paid your cab fare home; that was that same night—I paid it to the auctioneers, Messrs. Bonham's, for goods he had bought at their sale—I went with you to Bonham's with a blank cheque and paid the account, and then sent you home in a cab—I believe you tried to keep an account of the advances—accounts existed between us of this nature (one produced)—I believe you paid off the small balances—I don't know that Mr. Hedges, before he went away, gave you authority to draw what you thought proper on the firm—he very likely honoured orders for small amounts from tradesmen at Greenwich—you used to dine with him very often—you had the free run of the office, and had a right to stow goods there, or anything you wanted, down to the present time—I have honoured small amounts of yours which you have repaid—I have advanced you money to go to Cheshire and Lancashire—this letter is Edwin Hedges's writing—he was my partner up to the end of 1876, when we dissolved. (This was dated May 25, 1876, and related to a request made by the defendant to pay his bootmaker.) These letters are my writing. (These were dated June 1 and 8, addressed to the defendant in Newgate, in very friendly terms.)
I am chairman of a bank and building society—I do not know what authority Edwin Hedges gave you before he left; he is in Australia.
Re-examined. Since this charge has been pending, goods from Eaton Street have been brought to our premises, and I have taken care of them for him—they were not the furniture of his room, but prints and china which he bought at sales to make a profit on.
ELLEN MUDGE . I live at 11, Eaton Street, Regent's Park—the defendant lodged there as Mr. Butler or Lord Caher—he occupied the first-floor back room as a bedroom at 5s. a week—he has stated that he was sometimes short of money, and he has borrowed a few things, such as tea and sugar.
FRANCIS HOWARD SEARLE . I am one of the cashiers to Barclay, Bevan, and Co., of Lombard Street—I know nothing of the defendant or Lord Caher or J. L. Butler, or of any arrangement to pay 2,200l. on cheques on Wednesday, 24th April.
Cross-examined. I have never seen you at the bank.
The Prisoner in a long defence alleged that he had no intention to defraud, believing that Mr. Hedges, had he been in England, would have paid the money; that finding the property going very cheap at the sale he was induced to bid as he had done, and that he fully intended to complete the purchase, by which he should be enabled to realise a profit of 4,000l. NOT GUILTY .
MR. PURCELL conducted the Prosecution.
WILLIAM SPENCER . I am a solicitor's clerk, of 36, Marchmont Street—on 18th June about 12.30 I was in Euston Road—as I was coming along the prisoner rushed out from a dark place and assaulted me, and gave me several violent blows on the chest—they both struck me—Grueber gave me more violent blows than the other—they both said "Search out his b—breeches"—Grueber thrust his hand into my waistcoat pocket and tore it—I had gold and silver in my trousers pocket—seeing that I was lonely in the hands of these two ruffians I called out "Harry, come along!" as if I had a friend, but I had no one—they then walked away—a policeman came up—I followed the prisoners and gave them in custody—they had got about 100 yards—I kept them in sight—I was not the worse for liquor.
EDWARD JAMES (Policeman E 109). I met the prosecutor in Judd Street—he complained of the assault and gave me a description of the parties—I went after them and took them in charge—the prosecutor was with me—we overtook them from 80 to 100 yards—I told them they would be charged with assault with intent to rob—they said they knew nothing about it—I found on Grueber some keys and three button-hooks, and on Cooley two knives, a key, 11¼d. in copper, and a Hanoverian medal—they were sober and so was the prosecutor.
Grueber's Defence. He has taken us for the wrong parties.
Cooley's Defence. The prosecutor was drunk; he stopped two other men first and said they were the men. He has lost nothing and was not marked.
GRUEBER further PLEADED GUILTY to a previous conviction in November, 1873, at Clerkenwell, having been twice before convicted.— Seven Years' Penal Servitude . COOLEY— Eighteen Months' Imprisonment .
MR. PURCELL conducted the Prosecution.
MARGARET JONES . I am the wife of Henry Jones, of 3, Hope Gardens, a bricklayer's labourer—on Sturday night, 8th June, about 12.20, I was returning from my work—I went into a public-house in the Five Dials—I had 6s. in my hand, which I had been paid for my work—I had given my boy a penny, and a man twopence for some tobacco—the prisoner was in the public-house—he asked me for a pot of beer, I refused—he went out first, and when I came outside the door he knocked me down—a young man held me while the prisoner took the money out of my hand, and ran away—I afterwards found him in the same public-house—on Whit Monday night my little boy saw him, and came and told me—my boy was with me when I was robbed—I got a constable, and gave the prisoner in custody.
PATRICK SPARKES . I am the son of the last witness; I was with her when she came out of the public-house—the prisoner hit her, and knocked her down—another man held her while the prisoner took the money out of her hand, and ran away—there was no policeman ear—on Monday night I saw the prisoner in the same public-house, and I went back to my mother and told her.
Cross-examined by the Prisoner. I did not notice whether you had a cap—I do not know the meaning of an oath.
ROBERT MARSH (Policeman E 181). I was called to take the prisoner into custody—I told him the charge—he said nothing at the time, buit on the way to the station he said" I was there at the time; I struck her, but did not take any money"—at the station he said" I know who it was, but I shan't say."
Prisoner's Defence. I was in the public-house drinking. This woman knows me very well. I asked her to stand a pot of beer. In coming out she struck me in the eye, and the man that owns this cap came up and struck her. They stumbled on the ground together. I picked the cap up, not knowing that he had taken any money, and on the Monday night I went to the house to give him his cap, when I was given in charge.
GUILTY — Twelve Months' Imprisonment .
MR. PURCELL conducted the Prosecution.
WILLIAM THOMAS ARCHER . I keep an oilshop at 88, Pemberton Street, Islington—about 12 o'clock on the night of 8th June I looked up the doors and windows—between 5 and 6 o'clock I was aroused by Mr. Pettit, and found the prisoner in his charge—I looked over the house, and missed my watch, which had been hanging over the mantelpiece, also 6 3/4d. out of the till.
JAMES PETTIT . I live at 149, Pemberton street, about 30 yards from the prosecutor—on the morning of 19th June I Saw a man standing in my master's stables—I said something to him—I went to call one of my mates, and I saw the prisoner come out of the [rpsecutor's shop—he went several yards—I followed him, and said "What do you do in that house?"—he said nothing—I said "I shall take you back to see what you have been doing"—I knocked four knocks at the door, and Mr. Archer came down—I took the prisoner insikde, and waited till a constable came.
GEORGE GAMLEN (Policeman Y 286). The prisoner was given into my charge—he said nothing—I found on him sixpence and threefarthings in bronze, and this watch down his drawers—I also found a knife in his pocket, which bore marks of putty—I compared it with marks on the back window of the prosecutor's house, and it corresponded—there were also marks on the parlour door which corresponded with this screwdriver that was lying on a chair, and which the prosecutor identified as having been taken from a drawer.
GUILTY — Nine Months' Imprisonment .
640. JAMES READ (22) and SARAH ANN FRANCES JOSEPHS (25) , Feloniously breaking and entering the warehouse of David Safili, and stealing a gross of ticket cases, live dozen lockets, an umbrella, and an order for 2.l. 18s. and 4l
MR. DAVIS conducted the Prosecution; and MR. PURCELL defended Read. DAVID SAFILI. I am a druggist's sundryman, of 45, St. Paul's Church-yard—I have a warehouse there on the ground floor—I left it at 7 o'clock on Thursday night, 9th May—I closed the outer door—when I came next morning I found the detectives in charge—I found the place overturned, and missed Ave gross of locket cases, four dozen lockets, a cheque out of a drawer, and about 4l. worth of silver, and an umbrella—the lockets are manufactured by us, they are patent galvanic lockets, called the Electric Star, and contain a battery inside—they are sold by chemists—they all have our name on them—the value of the property I missed is about 30l.—a drawer in the table was forced—the warehouse door was forced.
Cross-examined by MR. PURCELL. There is no mistake about the umbrella being mine—I have had it a long time—I know the marks on the handle.
WILLIAM PUTTOCK (Detective P). On the morning of 18th May I went to 31, Parsonage Walk, Newington Butts, about 8.45, and saw the two prisoners in the first-floor backroom—two other detectives were with me—I told Read I should take him into custody for receiving stolen property—he said "I know nothing at all about it"—the other officers searched the room—I showed Read this locket, and asked how he accounted for its possession—he made no reply—I took him to the station, and told him the charge—he made no answer to me.
Cross-examined by Josephs. I showed the locket to you—you did not say "I know nothing: at all about it"—I very likely saw you by the Elephant and Castle on 9th May—I am there nearly every night.
DANIEL HUNT (Police Inspector P). I went with Puttock and the other officers to 31, Parsonage Walk, and saw the prisoners there—I searched the room in their presence—I found these two boxes containing 53 lockets, 7 pawn tickets, 5 skeleton keys, a file, and a jemmy, under the pillow of the bed—I asked the prisoners how they accounted for the possession of the lockets—Read said he knew nothing about them—Josephs made no reply—on the way to the station she said "He is not guilty of all of it"—nothing was found on her—I saw this umbrella in the room, but did not take it at that time, not thinking it of any importance—the handle was in one part of the room, and the umbrella part in another.
Cross-examined by MR. PURCELL. The lockets were in a box which served as a table.
Cross-examined by Josephs. In going to the station I believe you said "I know nothing about the things, neither did I see them till you found them in the room."
JOHN HOLMS (Detective). I found this umbrella-handle in the room—I was looking at it, and Josephs said "You need not look at that, it belongs to an old umbrella of mine that is in the corner—he knows nothing about it—I found the umbrella, and the handle fits it.
Cross-examined by MR. PURCELL. I found one or two scraps of leather—the file would not be used for filing off the iron heels—I did not hear Read say that the lockets had been left at his place on the 15th by a man named Williams.
WILLIAM POTTS (City Detective). On the morning of 10th May I was called to the prosecutor's premises about 8.30—I examined the doorway and found a mark on the glass door on the inside, as if some instrument had been put in, but not sufficient to break the door open—I have tried this jemmy with the mark, and it fitted; it also fitted the marks on the drawer, and one of these skeleton keys fitted the door leading from the passage to the warehouse—I was present when the prisoners were brought to the City and charged with this offence—Read said he knew nothing at all about the lockets; they were left there by a young fellow, and the woman knew nothing at all about it.
Cross-examined by MR. PURCELL. He did not mention the name of williams or the date—I put the jemmy into the marks, and they corresponded; I merely placed it in the marks; I did not make the marks with it.
READ— GUILTY . He also PLEADED GUILTY to a previous conviction at this Court in the name of Joseph Smith. JOSEPHS— NOT GUILTY .
DANIEL HUNT (Police Inspector P). I found these seven duplicates in the room at Parsonage Walk in a box with the lockets—I said, "To whom do these belong?"—Josephs replied, "They are mine; they are my own things"—Read said nothing.
WILLIAM BARNETT . I am manager to Mr. Wolstenholme, pawnbroker, of Kennington Park Road—I produce some articles pawned with me by Josephs on 18th, 27th, and 29th April, in the name of Mary Josephs; also a piece of velvet and trimming for 3s.; I don't know whether she pawned that—the things are quite new.
MATTHEW HENRY KEEN . I am an agent, of 50A, Newgate Street—I have examined the property produced; it is identical in every particular with that I lost on 28th February, when there was a robbery at my place—I locked up the premises in the evening, and next morning found they had been broken open and the property stolen—they have been cut into short lengths and made into skirts since—there is no trade mark on them,
but I am almost positive they are my property; they correspond in colour width, and every particular.
Read's Statement before the Magistrate. "For these four skirts and this blue one I gave 25s. on 27th March in Petticoat Lane." Josephs: "I don't want to say anything."
Josephs's Defence. "That skirt I have worn about a dozen times, and if I had known it was stolen, should I have worn it backwards and forwards to the pawnshop, and pledged everything in my own name? I know very well he bought them honestly with his own money. The velvet I did not pawn."
READ**— GUILTY .— Seven Years' Penal Servitude . JOSEPHS— GUILTY .— Fifteen Months' Imprisonment .
MR. DAVIS conducted the Prosecution; and MR. PURCELL the Defence.
JOHN ROBINSON BEVERIDGE . I am a woollen warehouseman, of 33, Warwick Street, Regent Street—on the morning of 18th April I found my place had been broken open when I got there at 9 o'clock—I had left it safe the night before—I missed four rolls of cloth, worth about 45l.—I have since seen some of it in the possession of the officers—the wholesale price of it is 6s. a yard.
ROBERT BARTELL . I am a tailor, of 20, Porter Street, Leicester Square—on Easter Monday, 22nd April, the prisoner came to my shop with another man—the prisoner had a pair of trousers, which he asked me to alter—he mentioned the name of one of my countrymen, who he said he had known for years—he produced a pattern of some cloth, and asked if I would like to buy 5 1/2; yards at 3s. 3d. a yard—I said "Yes," and he went and fetched it in half an hour—the other man did not come back with him—I bought the cloth—he called again on the Wednesday, and asked if I wanted to buy any more—he had 19 yards left, and he would cut me any length if I did not want it all—I said I did not want to give as much as the first—he said, "I can't very well let you have it for that; it only leaves me 3d. on the yard; I bought it in a sale-room"—he went away, and came again on Thursday, and said I could have it for the price I offered, 2s. 9d.—he went and brought it in about an hour, and I paid him 2s. 9d. a yard—he said he had a great quantity of it, but he had sold it all—I was charged at the police-court about this—I had the cloth lying in the window—the Magistrate discharged me—I saw the prisoner three days after I was charged at the bottom of Porter Street, standing with a lot of young men, and I went and got a policeman and gave him into custody—he said he had never seen me in all his life—I had not seen him before Easter Monday—I saw him four times in all—I had a person working with me in the shop at the time, and my son also.
Cross-examined. I was charged on the Thursday, four weeks after Easter Monday, with receiving the cloth knowing it to have been stolen, and I gave the prisoner into custody on the Saturday after.
heard him ask Bartell to buy some cloth and saw him receive the money—I have not the slightest doubt About him.
Cross-examined. I saw him again on the Thursday when Mr. Bartell bought the second lot of cloth of him.
ALFRED BARTELL . I was sitting at work on the board on the Thursday in Easter week and saw the prisoner come in with a roll of cloth, which he sold to my father—he came again on the Monday for his trousers—I gave them to him—I hate no doubt about his being the man.
Cross-examined. I found that he lived about three doors off'—he bears a good character, as far as I know.
GUILTY .— Eighteen Months' Imprisonment .
Before Mr. Common Serjeant.
MR. LLOYD Conducted the Prosecution. EMMA ANN OLDFIELD. I serve in Mrs. Allpike's tobacconist shop, at 183, High Street, Stratford—about 8.30, on 28th May, the prisoner came and asked for a penny smoke—he gave me a shilling—I bent it—it was bad—I showed it to my mistress—she came and asked the prisoner where he got it from—he said from Billingsgate Market, and took it and wrapped it in his handkerchief and went away—he gave me a good shilling fur the tobacco and I gave him 11d, change—my mistress is not able to come here.
ARTHUR JOSEPH PAYNE . I am a tobacconist of 393, High Street, Stratford—about nine o'clock, on 28th May, the prisoner came and asked for a penny worth of tobacco—he tendered a counterfeit shilling, Which was afterwards broken—I bent it between my teeth and said "What do you call this?"—he put it in his mouth, pretended to be surprised, and said either that he took it from a jute girl or a Jew man, I am not sure which—he afterwards said he took it at a barrow in Billingsgate Market.
JOHN TAFFE (Policeman 317 K). About nine, on 28th May, I went to the last witness's shop—I heard the prisoner call for some tobacco—I was in plain clothes—he put down a shilling—Mr. payne took it up and bent it and said "It is a bad one"—the prisoner said "All right, I have, got another," and gave, I believe, sixpence—the prisoner broke the shilling and said "I have got no other bad money and I have got my change" and was rather cross—as he was walking out I told him I was a constable—I asked him if he had any more bad money—I took the broken shilling from him—he said "I have got no more"—I told him I should take him into custody—Mr. Payne went with me to the policeoffice and charged him—I asked him where he got the bad shilling—he said "From a boy for wheeling a barrow at the jute works in High Street, Stratford"—I searched him and found fivepence.
Prisoner's Defence. I am sorry. I did not know it was bad. I work very hard for my living. The Policeman said "I have got somebody else to appear against you;" and he talked to me to frighten me.
GUILTY. Recommended to mercy on account of his youth. Six Months' Imprisonment .
Before Mr. Justice Manisty.
It appeared from the opening of MR. MEAD for the prosecution that the Prisoner was one of the "Peculiar People" and the deceased was his child, who died without any medical aid being afforded during his illness. The evidence of the surgeon would only go to this extent, that in his opinion if medical assistance had been called in the child might reasonably have been expected to recover. MR. JUSTICE MANISTY was of opinion that such evidence would be for too speculative and doubtful to sustain a conviction, and directed the Jury to find a verdict of NOT GUILTY .
Before Mr. Justice Manisty.
MR. LILLEY conducted the Prosecution.
MICHAEL FINN . I live at Rotherhithe—on Friday, 17th May, about 10.30 p.m., I was with other boys near Mill Pond Bridge and saw the prisoner on the bridge with a baby on her right arm—she took it by the arms and legs and threw it over into the water—the wall is about 4 1/2; feet high—before I could say "Look!" to my mate she fell on the ground and said "Oh, my child is drowned!"—she did not drop it accidentally, she flung it in—I pulled off my coat and was going to jump over, but Shepherd rushed into the water and saved it and handed it to Thomas Smith—the prisoner then ran from the high wall to the low wall and tried to throw herself in over the wall, but some men pulled her back.
Cross-examined by the Prisoner. The child did not fall in as you were letting him lean over—you never leaned him on the wall at all.
WILLIAM SHEPHERD . I live at George Row, Bermondsey—on 17th May, about 9.30, I heard a scream and shouts—I ran to the Mill Pond and saw the prisoner lying on her back across the kerb—I leaped over the wall of the bridge into the water, fetched a child out of the water, and handed it to Thomas Smith—the water is about 4ft. 6in. deep when it is full, and the wall is about the same height.
THOMAS SMITH . I heard screams, ran to the spot, and saw a child in the water—Shepherd jumped in, rescued it, and gave it to me—I took it to a doctor, but he was out, and I ran to the station with it as quick as I could go and gave it to Inspector "White—I then went to the prisoner's house and found her there with a lot more women, one of whom said to her "Here is the man who took the child to the station"—the prisoner asked me whether the child was drowned or not—I said "No, the child is alive"—some of the women told me to say that the child was dead,
and that would satisfy her—I then told her that the child was dead, and she seemed rather pleased and said "Now the child is dead I will do sway with myself"—she also said "I chucked in my baby and I am satisfied"—the child is about 3 years old—I returned to the station and told the inspector what she had said.
Cross-examined. You were as sober as I am now—I did not tell Mrs. Bennett you were tipsy.
RICHARD WHITE (Police Inspector R). On 17th May, soon after 9.30 p.m., Smith brought a child, which had obviously been in the water, to the station—it was apparently dead—it bore no signs of life whatever—its clothes were wet—I sent for Dr. Browning, and in the meantime stripped the child and practised the rules of the Humane Society, and before the doctor came the child breathed and cried—I went to the prisoner's house and found her in a very excited state, but perfectly sober—I told her that a statement had been made that she. had thrown the child into the water and I should take her in custody for attempting to murder it—she said that she hoped it would die, she intended to kill it and throw herself in afterwards, and that she would commit suicide at the first opportunity—I therefore had an officer to watch her the whole time she was in custody—when Dr. Browning arrived the child was sent to the Work-house Infirmary.
BENJAMIN BROWNING . I am a surgeon, of Rotherhithe—on the night of 17th May I was fetched from a house where I was attending to the station, and found there a child about three years old, which had recently been in the water and was partially recovered—if the officers had not actively applied the Humane Society's remedies nobody could have restored it—after treating it so as to produce as complete restoration as possible I sent it to the workhouse and left the station—I was afterwards recalled there and saw the prisoner—she was sober but apparently in a desponding condition—I could not perceive any symptoms of aberration of mind or any traces of insanity—I had known her before and had seen her twice or three times at the police-station, certainly twice—I asked her if she knew what she was charged with; she said yes—I said that as I might have to give evidence in the matter she need not answer any questions I put to her unless she pleased—she had told me that she was charged with attempting to drown her child, and I asked her if the charge was true—she said that it was and that she intended to make away with herself when she got the chance, and had tried to do so, but had been prevented—she also said that she threw the child in because she was in trouble, but she would not tell me what the trouble was.
Cross-examined. I cannot say on what charges I have seen you at the station, but it can be proved by the books, and once you brought a charge against another party.
The Prisoner produced a written Defence, stating that she was too fond of her child to injure him, but that he always asked her in patting over the bridge to let him look at the water, and that being drunk the let him fall out of her arms. GUILTY .— Ten Years' Penal Servitude .
646. ALICE READ (19) PLEADED GUILTY to three indictments for stealing three bags and other goods, the property of George Green and others, and to a previous conviction at this Court in April, 1877— Twelve Months' Imprisonment, and One Month's Solitary Confinement .
Before Robert Malcolm Kerr, Esq.
FREDERICK JOHN KIRK . I live at Park Road, Forest Hill—on the evening of 30th May I was near the St. German's public-house, when the prisoner stabbed me through this cap which I was wearing—I went home to my father, who returned with me and gave the prisoner into custody—I did not see what he stabbed me with—I have been attended by a doctor.
EDWARD FENN . I live at 17, Mary Ann Street, Forest Hill—I was near this public-house about 9 o'clock—I saw the prisoner take this knife from his pocket and put it in the boy's head—it went through the side of his cap—the prisoner had previously been drinking and quarrelling with his wife—I saw him put the knife back in his pocket—I told him I should give him in charge—I did so.
GEORGE ADAMS (Policeman 103 P). I took the prisoner into custody—he had been drinking, but was not drunk enough for me to charge him with being drunk—I met the prosecutor and his father, who gave the prisoner in charge.
FREDERICK EACHOS WILKINSON . I am a surgeon attached to the P division of police—I was called on 30th May to attend to the boy—I found a wound in the scalp a fifth of an inch deep—this out in the cap corresponds—the wound is nearly healed.
Prisoner's Defence. I work as a shoemaker—I had a drop of beer, and suffer from sunstroke. The boys got round me, and I do not know anything more about it. I have brought up a family of fourteen children, If they had left me alone, I was going home quietly enough.
GUILTYRecommended to mercy..— —Six Months' Imprisonment .
Before Mr. Common serjeant.
MR. POLAND conducted the Prosecution.JANE LOUISA BURFORD. I am barmaid at the Sun, Union Street, Borough—on 26th May, about 11 p.m., I served the prisoner with a pint of ale—he gave me a florin—I bent it in the tester and gave it to my master, who accused the prisoner of passing a bad coin, and asked him if he had two pence to pay with—he said that he had not—my master laid the florin on the counter, and the prisoner picked it up and ran out—he was brought back by a constable, who took the bent florin from his pocket—I had also seen the prisoner there on Wednesday, the 22nd, and Friday, the 24th—I served him on the 22nd, and he gave me a florin, which I put in the till, and gave him change—I noticed that it was dark,
but I did not think that it was had—there was no other florin there, only a shilling; a sixpence, and some coppers—he drank the beer and left—six or seven minutes afterwards my master cleared the till out and put the money on a shelf—on Thursday night, 23rd, about 10.45, I served the prisoner with a pint of ale—he gave me a florin, which I put in the till, and gave him the change—I noticed that it was a dark one—no other florin was in the till—my master cleared the till and put the money on a shell, and on the Friday morning he showed me two bad florins—the prisoner was in a militia uniform on each occasion, the same as he is now.
SARAH MCGWIRE . My husband keeps the Sun—I saw the prisoner there in uniform on Wednesday evening, the 22nd, and Thursday, the 23rd, in front of the centre bar, and on the Friday morning I found two bad florins among the money my husband had collected on the two previous days—it was in a cupboard which was kept locked, and I had the key—I locked it up on the Thursday night—I saw the prisoner in custody on Friday—I recognised him, and said "You were here last night and the night before"—he did not answer.
Cross-examined. You did not say that you would take the florin back where you had it from.
THOMAS MCGWIRE . I keep the San—on Friday night, May 24, my barmaid brought me a bent florin—I showed it to the prisoner, and said "Where did you got this from?"—he said "I got it from the Elephant and Castle"—I said "Have you any more change?"—he said "No"—I said "You have been here before, this is the third florin of this kind I have taken this week," and asked his address—he said "The City Road"—I said to my potman go and fetch a policeman; the prisoner then took up the florin and ran away—I ran after him; he ran very hard round several turnings and met a policeman—I called on "Stop him"—he tried to throw the constable twice, but he followed him, brought him back to my house, and I saw the bent florin taken from him—I am sure he is the man—I cleared out the till on the Wednesday night; there was only one florin there; I placed the money on a shelf—I cleared the till again on the Thursday night; there was one florin there—I put the money away behind the bar as the cupboard was locked up—my wife afterwards picked out two florins and gave them to me; I gave them to the constable—they were dark.
Cross-examined. You did not stop 15 minutes after I told you they were bad, nor two minutes—you ran half a mile—you did not tell me you were going to the Elephant and Castle to tell them about it—you were going down the back slums.
WALTER CALLAGHAN (Policeman M 134). I saw the prisoner running very fast, about 150 yards from the Sun—it was raining fast and I had my cape on—I stopped him; he caught hold of my cape and gave me a twist in the leg and tried to throw me down—I ran him to another turning, got hold of him again, and he tried to trip me up again—he twisted me round but I did not fall—I took my cape off and took him in custody—he had his right hand in his right pocket—I found this bent florin in his hand and 1d. and two halfpence in his pocket, and a pawn ticket—he said that he got the florin at the Elephant—I received these two florins from Mr. McGwire.
Cross-examined. You did not tell me you were going to the Elephant and Castle with it, and you were not going that way, you Were going towards Blackfriars Bridge.
Prisoner's Defence. I had some beer and tobacco at the Elephant and Castle, and paid with a half-crown; I received a florin in change, which I afterwards passed at the Sun, and told them where I got it, and that I would go back and get it changed. I never tried to throw the policeman; on the other occasion I was in a different part of the town altogether.
GUILTY .— Nine Month's Imprisonment .
MR. POLAND conducted the Prosecution; and MR. RIBTON the Defence.
PETER QUIRE . I am assistant to Mr. Swindle Hurst, a tobacconist, of 117, Clapham Road—I served the prisoner with half an ounce of shag at 9 p.m. on the Derby day—he gave me a florin; I gave him the change and put it in the till where there was no other florin, and only six shillings—two or three minutes after he had gone I took the florin out of the till, it was still the only one there—I took it to the Dorset Arms, which is 40 yards off, and saw the prisoner go in there—I asked for some ale and gave the florin in payment, thinking it was a good one—the landlord gave it back to me broken, and I found it was bad—the prisoner was in the bar, and I said in his hearing that he gave it to me—he said nothing, and was given in custody with the pieces of the florin.
Cross-examined. It was rather a busy day; wo took more than on other days—I was about three-quarters of an hour taking the 6s., and I gave change for them with coppers—my master had cleared the till just before of all but 4s. or 5s., and I took about 2s.—the florin the prisoner gave me appeared good, but I did not examine it—I should have been very much surprised if I had been charged with passing bad money and the prisoner had not been there.
Re-examined. I took 6d. out of the till to give change—there was nothing left in the till but shillings and coppers.
STEPHEN WICKSTEAD . I am a licensed victualler, of 198, Lambeth Road—on Wednesday evening, 5th June, I was at the Dorset Arms, the landlord is a friend of mine, and I was serving customers—Mr. Quirk came in about a quarter to 9 for some gin in a bottle, and gave me a florin—I tried it, found it was bad, broke it in the beer-engine, and gave the pieces to the landlord—while I was there the prisoner came into the private bar at the Clapham side.
Cross-examined. That is not the bar that Quirk came into—the bar was full.
GEORGE HUGAL . I keep the Dorset Arms, Clapham Road—Mr. Wick stead, who was assisting me on the Derby day, showed me a broken florin about 8.45—I returned it to Quirk, and immediately afterwards the prisoner tendered a bad florin to my barmaid—I took it from her and told the prisoner it was bad and put it on the counter saying "Have you any more?"—he said "No"—I said "I think you have" and jumped over the counter, took hold of him, and threatened to lock him up—Quirk came up and said "This is the man who gave me the bad two-shilling piece—the prisoner said nothing—I gave him in custody—I do not know what became of the florin—two men came in with him; they went away—I saw them speak to the prisoner.
Cross-examined. When I asked the prisoner if he had any more he took out a good florin—I did not put the bad one in the tester—I bent it on the counter with my finger and thumb—he did not attempt to run away.
Re-examined. I gave him change for the good coin—I believe it was a florin—I took 6d. or 8d. out of it.
THOMAS WHITFIELD (Policeman 288 N). The prisoner was given into my custody for attempting to pass bad coin—he said that he knew nothing about it—I searched him in the bar and found four shillings, two sixpences, 9d. in copper, all good, and some tobacco—I received this broken florin from Quirk.
GUILTY . He was further charged with having been convicted of feloniously uttering counterfeit coin in March, 1874, when he was sentenced to Five Years' Penal Servitude, to which he PLEADED GUILTY**— Seven Years' Penal Servitude .
MR. POLAND conducted the Prosecution.
JESSIE ROACH . I am a barmaid at the Criterion public-house, in St. John's Street, Clerkenwell—Wednesday, 15th May, at 2.45, the prisoner came in and called for a glass of stout and mild—he put a bad florin on the counter—I handed it to Mr. Garter, who sent for a constable, and the prisoner was given into custody.
Cross-examined by the Prisoner. I gave you no change—you never moved from the house till given in charge.
FRANK JOHNS CARTER . I am landlord of the Criterion—Roach handed me a florin in the prisoner's presence—I saw it was bad, and put it on the cabinet—I did not say anything to the prisoner—a constable came—I gave him into custody—I broke the florin in two pieces and gave it to the constable—the prisoner said he had been riding on a tramway car, he gave them half-a-crown, and they gave him 2s. 4d. change—he was asked at the police-court what became of the other 2d., as only 2d. was found on him—he said he did not know.
GEORGE COLLINS (Policeman G 283). The prisoner was given into my custody by Mr. Carter with this broken florin—on the way to the station the prisoner said to me "Will you throw that florin away?—If you do I will put something in your hand"—I told him I would not do anything of the sort—I searched him in the front bar, and found twopence—I took him to the station—he gave me the name of Robert Robinson, and said he had been staying at the Sussex Hotel, Bouverie Street—he was taken before the Magistrate at Clerkenwell, remanded till 22nd May, and then discharged—he was sober when taken.
GEORGE CROOK . I keep the New Bell public-house, York Street, York Road—on Sunday, 26th May, about 2.57, just before closing time, the prisoner asked me for a glass of porter—he gave me a florin—I found it was bad—I said "This is a bad one"—he said he did not know it—I said "I will send for a constable, and will lock you up," and I held his hand till the constable came—he said "That is all the money I have"—I told the constable to take him to the station—after closing my house I went to the station—I did not press the charge—I gave the florin to the constable—the
inspector gave it to me back—I afterwards gave it back to constable L 72.
WILLIAM POPE (Policeman L 72). I was sent for to the New Bell, and the prisoner was given into my custody—on the way to the station he said he would give the landlord the two-shilling piece, and also the change, if he did not press the charge—at the station the landlord would not charge him—the florin was given to me—I handed it to the inspector—I afterwards got the same coin back from the landlord—the prisoner gave me the name of John Armstrong.
Cross-examined by the Prisoner. You said you had got the two-shilling piece in some change in Fleet Street.
FLORENCE MCGILLICUDDY (Policeman L 21). I was acting inspector at the station when Pope brought the prisoner, and gave me this two-shilling piece—I afterwards gave the florin back to Cook, who declined to charge the prisoner—I told him to keep it in case he may come again—the prisoner said he had recently arrived from America, and that he got the florin in change in Fleet Street—I recognised the prisoner when he was brought to the station on a second charge.
ANNICE MITCHELL . I am shopwoman to my father, who keeps a pie-shop at 12, Blackfriars Road—on 28th May, about 6.30, the prisoner came into our shop and asked for twopenny worth of eels—he tendered this florin—I tried it in the tester—it was bad—I went into the parlour and spoke to my sister, who came into the shop—I said to the prisoner "This is a bad one"—he said he would give me some more money—he walked out—I followed him—I saw a policeman and gave him into custody—I afterwards gave the florin to the constable.
WILLIAM DAWE (Policeman L 229). The prisoner was pointed out to me by the last witness—I stopped him and took him back to the shop—he was then charged with uttering a counterfeit florin, which was produced by the last witness—the prisoner said it was given to him in Fleet Street at a public-house in change—I asked him the name of the house—he could not tell me—I took him to the same station where he had bean charged two or three days before.
Prisoner's Defence. I had no idea they were bad. I hope you will have mercy on me. I never was in prison before. I came from America a perfect stranger, and met with a horse dealer, and he asked me to buy him a horse, which I did, and he gave me two shillings in change.
GUILTY — Eighteen Month's Imprisonment
MR. E. LLOYD conducted the Prosecution.
ELLEN SARAH DEAN . I serve at the Duke's Head, Rotherhithe Street—my mother keeps the house—about 12.40 p.m. on 29th a man came to our house, passed a bad florin, and went away—I gave him 1s. 11d. change—the prisoner came in 10 minutes afterwards, and called for half a pint of ale—he tendered a florin—I tried it in my teeth, and found it was bad—I told him so—he said he had just taken it at the Hibernia—I told him I thought he was with the other man who had been in just before—he
did not reply—Mr. Mallinson was present, and heard what passed—I showed Mr. Mallinson the florin, and then gave it back to the prisoner—I saw three florins in his hand—he offered another florin, an a then pay down a penny for the 4d. ale—I served him—he left—the potman was lent after him—a man named Jackson was with him at the station—Jackson was not the man who passed the other bad florin—this is the florin which the first man passed.
THOMAS MALLINSON . I live at 101, Shrubbery Road, Peckham, and am a traveller to Messrs. Roberts, a tobacco manfacturer—I was at the Duke's Head, Rotherhithe Street, about mid-day on 29th May—I saw the prisoner throw a florin on the counter—Miss Dean picked it up, and said it was bad, and, after going to the till, "It seems funny for two florins to come in one after the other for half a pint of ale"—she said to the prisoner "There was a friend of yours in just now who passed this bad one"—the prisoner said "No such thing, no such friend of mine has been in"—she handed it to me, and asked me whether it was good or bad—I gave it back to her, and she gave it to the prisoner—he then placed a two-shilling piece in my hand, and asked if that was good—I said it was, and placed it back in his hands.
Cross-examined by the Prisoner. I did not see other florins in your hand—you said yon were very sorry, you should lose two shillings, and it generally fell to a poor person's hands to get hold of them.
HENRY GREEN . I am potman at the Duke's Head—about 1 p.m. on 29th May I went for the prisoner in consequence of what my mistress said to me—I saw him with two other men—I followed them a mile and a half—one man was taller, the other shorter than the prisoner—the shorter one went into the Plough—the tall one went on—I went in and shut the door—they called for something in a pint bottle—they tried to get out the back way—they went into the taproom—the potman said, "Don't shut the house up; let them open the door"—they got out—I followed them—they saw me all the time—about hall a mile farther I met a constable, and gave them in charge.
Cross-examined by the Prisoner. I saw you pick up something to throw at me—another man got a constable—he came to the station—you tried to walk away—we all kept close together.
SARAH HAWKSWORTH . I am the wife of Charles Hawksworth, of the Royal Standard beerhouse Rotherhithe—on 29th May the prisoner came about 12.20 p.m.—he called lor half a pint of 4d. ale—he threw a florin on the counter—it sounded as if it was bad—I tried it in the tester and found it was bad—I said, "This is a bad two-shilling piece"—the prisoner said, "Is it, ma'am; let me look at it"—he took it up and threw down another—I asked him if he had a penny he could give me for the ale, and he threw down a penny—he drank the ale and went out before I could pick up the penny—I had seen him five or six weeks before the 29th, When he called for the same ale and put down a florin, which I put in the till, and gave him 1s. 11d. change—there was then another florin, some shillings, and sixpences in the till, which I had brought downstairs and placed there—I am positive that was a good florin because I examined it—I found two florins in the till; one was bad.
PATRICK SHANAHAN (Policeman R 212). I took the prisoner into custody with a man named Jackson, who was discharged—I searched the prisoner and found four shilling pieces, three sixpences, and 1s. 6d. in bronze.
The Prisoner's Defence. I was hard up. I went to work at the water side, and saved up 9s. I told Miss Dean I must have taken the florin at Hibernia Wharf. If I had been guilty I should have run away. I did not know it was bad. As to the other witness saying I was there within six weeks of the 29th May, I can prove that I was under sentence of three months in the Wandsworth House of Correction, and was set at liberty on the 20th May.
The Prisoner then called
HENRY WARD . I am Sessions Officer of the Wandsworth Prison—you were convicted on 2l. st February, 1878, and sentenced to three months as a rogue and vagabond in the name of Henry Langham—you would be discharged on 20th May, so that the witness could not have seen you between those dates.
Cross-examined by MR. LLOYD. I know he served his time—I saw him on the morning of the 20th at the prison.
NOT GUILTY .
MR. POLAND conducted the Prosecution.MARGARET KIDD. I live at 194, West Ferry Road, Poplar—it is a beershop—I was serving on Saturday, the 1st of June—the prisoner came about 10.30 a.m.—he asked for half a pint of beer and a pennyworth of tobacco—he gave me a florin—I took it to my mother and went indoors.
ELIZABETH ANN KIDD . I keep this public-house—my daughter gave me the florin—I saw that it was bad—I went and said to the prisoner, "This is a bad one"—he said, "Give it to me back; I have a penny in my pocket; I will give you back the tobacco"—I said, "No, I will wait till a constable comes by"—I told him to wait, or I would follow him if he went away—I saw a constable pass, and called him in and gave the prisoner into custody with the florin.
JOSH. SERGEANT (Policeman K R 49). I was called into this house—the prisoner was given into my custody for uttering a counterfeit florin—I asked him if he had any more—he produced a penny—I searched him and found no more—I took him to the station—he was taken before the Magistrate and remanded till the 4th, when he was discharged—this was the only case against him—he gave me the name of Daniel Jeffries.
ANNE PARSONS . I am a barmaid at the Swan public-house in Great Dover Street—I was serving on the 14th of June between 9 and 10 p.m., when the prisoner came in and asked for a pennyworth of rum—he gave me this shilling—I saw it was bad—I gave it to my mistress—my master was in the coffee-room; he fetched the police—I did not leave the bar.
JAMES ROBERTSON HAMMOND . My wife brought me the shilling—I examined it and found it was bad—I went into the bar and sent for a constable—I asked the prisoner where he got it from—he told me he got it in change of half-a-crown outside the Standard Theatre; that he had
purchased twopenny worth of oranges—the constable came and searched him and found another good shilling—he said he had got another shilling after the constable found it—I gave the bad shilling to the constable—the prisoner gave his address as 1, Virginia Court, Cannon Street Road.
Prisoner's Defence. I did not know the florin was bad. I had two shillings in change, and I did not know one was bad.
GUILTY .— Nine Months' Imprisonment .
MR. POLAND conducted the Prosecution. THOMAS PAYNE. I am a barman at the Duke of Cambridge public-house at Battersea—on Wednesday, 22nd May, the prisoner came about 4.30 p.m., and called for half-pint of stout and mild and a pennyworth of tobacco—that would be twopence halfpenny—he gave me a florin—I bent it halfway round, and said, "Where did you get this from?"—he said, "The pay-sergeant gave it me yesterday"—he paid me with a good six-pence—I put the bad florin on the counter, and saw the prisoner take it up and go out—I gave him 3 1/2d. change—I spoke to Glenister, another barman—I shortly afterwards saw the prisoner in custody.
BENJAMIN GLENISTER . I was at the Duke of Cambridge—from what the last witness said to me I followed the prisoner—he was in his soldier's uniform—he went to the corner of the Bridge Road, which is about thirty yards, stood Ave minutes, and looked round; then went down the Battersea Park Road about fifty yards; then two men joined him—they walked into the Falcon Lane—they stood a little while and then the two men went into the Queen Victoria—the prisoner walked on—I spoke to a grocer—he went in—I afterwards went in—the prisoner was there—he was given into custody.
ALICE RICHARDS . I am the daughter of the landlady of the Queen Victoria public-house—on the 22nd May, about 5 p.m., the prisoner came and asked for half-pint of mild and bitter and a pennyworth of tobacco—he tendered a florin—I looked at it; it was bad—I gave it back to him, and told him it was bad—he said he did not know it was bad; he got it from the paymaster—he paid me three halfpence for the beer and returned the tobacco and left the house—a detective had spoken to me—Glenister also spoke to me—in consequence of that I examined the florin—a short time afterwards the prisoner was brought back in custody—I had not seen him before to my knowledge.
DANIEL STOKES (Policeman V 148). I was in uniform on the 22nd May when Glenister spoke to me—he pointed out the prisoner, who was going up the Falcon Lane, about 300 yards from the Queen Victoria—I walked fast after him—he turned and saw me and then ran—I ran after him—I overtook him—I told him I should take him into custody for attempting to pass a counterfeit florin—he said, "All right"—I took him back to the Queen Victoria and saw Miss Richards—she would not charge him then—I took him to the Duke of Cambridge—Mr. Payne saw him—he was charged and taken before the Magistrate and remanded—I
searched him in the Queen Victoria and found this bad florin on him; no other money—I two days afterwards received from Maria Richards this other bad florin.
MARIA RICHARDS . I am landlady of the Queen Victoria—on the night of 22nd May I cleared out the till about closing time, 12.30—I found a bad florin, the only one in the till—I gave it to the constable when he came in.
GEORGE SLADE I am a sergeant in the Royal London Militia, stationed in the City Road—the prisoner was a drummer in that regiment in May last—I paid the men daily—on 21st May I paid him his day's pay, 1s. 6d.—on the 19th, including a Sunday, he would have been entitled to 8s. 6d.—with that exception we do not pay two days together—I might have paid the prisoner a florin—he behaved well in the regiment.
Cross-examined by the Prisoner. I gave you some money on the Sunday, I think 5s.—you had left some money to buy something.
Prisoner's Defence. I did not know the money was bad—I was going to work on the 24th, but I got into trouble.
GUILTY .— Eighteen Months' Imprisonment with hard labour .
Before Mr. Justice Manisty.
MESSRS. POLAND and STRAIGHT conducted the Prosecution. ELI SMITH (Policeman L 150). On Sunday morning, 26th May, about 12.45, I was with White and two other constables, who were in front of us, in Goldsmith Street, Vauxhall, which is the roughest neighbourhood in our division—I saw the prisoner standing against a wall with a woman alongside of him—he said "You b—f—s—s, I should like to lick some of you"—he was a little the worse for drink, but knew what he was about—he rushed across the pavement, threw White down in the gutter, and fell on top of him—I pulled him off, pulled him up, and put him on his legs—he tried to kick me in the lower part of my body, but I put my hand down and caught the kick on my knuckles, which disabled my hand for three weeks—I laid hold of him with my left hand, he twisted himself round and made a violent back-handed blow at my stomach, which caused me to let go of him, and he ran away—a few minutes afterwards I found blood running down my leg, and knew nothing more till I was at the station, where I saw the prisoner—I was taken to the hospital that evening, and was in bed there 11 days—these (produced) are my coat, waistcoat, trousers, and drawers, they are all cut through.
STEPHEN WHITE (Policeman L 245). I was with Smith and was tripped up by the prisoner, who fell on me, and Smith pulled him off—he made a kick at Smith which he stopped with his hand—I saw him strike Smith on the lower part of his body and run away—I followed and a policeman in uniform took up the chase—the prisoner was very violent, and when we took him we were all three thrown down—he had been drinking but knew perfectly well what he was about—when he found we had secured him he said "I have done what I wanted and now you can take me, you b—y f—s—s"—I found these two knives on him—I did not see any blood on them.
CHARLES CORBETT BLADES , M. D. I am surgeon to the police—I was called to Smith—he had lost a considerable quantity of blood—I found an incised wound about an inch long about an inch from his navel and of considerable depth, but I did not interfere with it as he was in a state of collapse—it was very dangerous—his life was in jeopardy for fire or six days—I have examined these knives—the largest and sharpest is the most pointed, and probably inflicted the wound—it would not have much blood on it as it went through all the clothes—it must have been a violent blow, as neither of the knives is very sharp.
WILLIAM JAMES SHERLOCK (Police Inspector L). I was at Kennington Lane station when the prisoner was brought there—he had been drinking a good deal, and said several times "They have made a mistake"—while the constables were giving their evidence he said "This would not have taken place if they had not interfered with me; I was walking down Glasshouse Street with my wife"—later on he said, "I was standing at the door with my wife"—I read the charge to him and he made no reply.
ELI SMITH (Re-examined). Until the prisoner rushed at White and tripped him up I had not interfered with him or the woman—we had not spoken to him—the constables in front did not speak to him but I think they looked round.
Prisoner's Defence. I was under the influence of drink, that is all I know about it.
GUILTY on the Second Count. —Five Years' Penal Servitude .
MR. ST. AUBYN conducted the Prosecution; MR. GRAIN the Defence.
THOMAS ARCHILL (Police Sergeant R). I am stationed at Rotherhithe—on 17th May at 12 o'clock the prisoner came to the station and asked if he might take some coffee to his wife, who was there on a charge—I said he might, provided it contained nothing intoxicating—he went away and came back in a quarter of an hour with some coffee and bread-and-butter—I had deceived information and gave instructions that he should be kept in the stable—I tasted the coffee and found it very nasty—it burned my tongue—Dr. Browning happened to be there, and in his presence the inspector put the coffee into a clean bottle and the prisoner was allowed to leave, but I took him next day and charged him with this offence—he made no reply.
Cross-examined. The coffee-shops in that neighbour hood close at 10 or 11 o'clock at night, and as a rule all the shops are dosed within a minute or two of 12 except the public-houses.
Re-examined. Chemists' shops are not closed.
MATILDA WICKHAM . I live at Botherhit he, and on Friday night, 17th May, I heard that the prisoner's wife was locked up—I took her baby to the station at 10.50 or 10.45, and met the prisoner—he asked me for a penny—he said he had twopence, and wanted more for something to drink—I persuaded him to take his wife in something to eat and a jug of coffee, as it would be a long time before she got
anything—he said, "Yes, I will take her a jug of tea, and I will put something in it which will send her to sleep till the morning"—I went to the station and reported that to Inspector White.
Cross-examined. This conversation took place outside his own door—I did not go back to his house afterwards and say that the food had not been sent to the station—Martha Simmons was with me when the conversation took place—I separated from her outside my house—I did not see Harriet Butler, the prisoner's landlady, that night, unless it was the lady who opened the door at the prisoner's house—I didn't see her, but I know perfectly well that she is the person—the door was open when we had this conversation about this, and whatever was said was in Mrs. Butler's hearing, and also in the hearing of Martha Simmons—those are the precise words that he used.
MARTHA SIMMONS . I live at Adam Place, Rotherhithe—on Friday night, 17th May, the prisoner's wife was in charge of a policeman—she asked for Mrs. Wickham—I was not exactly close enough to hear what was said, but when I got close to the door I heard the prisoner say that he would take his wife a jug of coffee and put a dose in it to settle her by the morning.
Cross-examined. I am hard of hearing—I only know the wife by her asking for Mrs. Wick ham, my sister—she and the prisoner's wife an only just acquainted—it was near 11 o'clock when I heard this conversation—I should not like to say that it was 12 o'clock—the public-houses close sometimes at 12 o'clock and sometimes later—they were not closed then—I was waiting in the street for my daughter between 10 and 11 o'clock before Mrs. Brown was taken in custody—not long afterwards I heard this conversation on the prisoner's doorstep—it might be after 11 o'clock, but I did not notice—I went back with my sister to the police-station after the prisoner said what he did.
HARRIET BUTLER . The prisoner and his wife lodged with me for some time—on 17th May, about 11.30 or 11.45, the prisoner came and asked me for a jug of coffee to take to his wife—he tasted it and drank half of it—I put half a pint more in, and he carried it away with three slices of bread-and-butter—he came back about 12.30—I asked him if he had seen his wife—he said, "No, but I saw the man that I gave the coffee to, and told him to give it to the poor b—while it was hot"—he then went upstairs to bed.
Cross-examined. When he first came in he came in with a key and went upstairs—I thought he had gone to bed, but he came down again—I don't know whether the two women were with him—I did not open the door for him—I did not see the two women that night—it is false that I opened the door—there was a little disturbance, and I told him that I could not have that disturbance at my door—he came in and shut the door and asked me for a light—it is perfectly incorrect that I opened the door for him, or that I heard what he said—there was a noise in the passage at the foot of my stairs—he had taken his niece home when he came in with the key—he spoke to the women before he took his niece home—I had the coffee ready made—he has it when he comes home at night—I had to warm it up—it was as near 12 o'clock as possible when he left the house with the coffee, and when he came back it was 12.30.
refreshment for hit wife—the sergeant said he might, porvided there was nothing intoxicating in it, and he came back with a jug and some breadand-butter, about 12.45, and handed it to the sergeant—while the sergeant was gone with it he said "Will he give this now—as unless he gives it her hot it will do her no good "—I told him that she would get it immediately—he stayed a second or two, and said "You had better go and see it is given to her at once, as if it is not given to her at once it will be of no use"—I said "If it is given at once it will be too hot to drink,"and told him to wait for the jug—he waited, and afterwards the sergeant came back and said he might go, and he left.
BENJAMIN BROWNING . I am a surgeon of Rotherhithe—on the morning of 18th May some coffee was given to me in the station—there were about 14 1/2; ounces—I found thatitcontained both mineral and vegetable poison—sulphuric acid and opium—there was nearly half an ounce of sulphuric acid, exactly 10 per cent.—I did not find the precise amount of opium owing to the vitriol in the mixture—every process that I used failed, owing to the carbonizing effects of the vitriol, but there was abundant evidence of its presence—there was enough vitriol to destroy life most undoubtedly, irrespective of the opium—I should say that it was coffee and chicory—I withdraw my statement that there was enough opium to destroy life, as in working it out subsequently I thought that some objection might be raised to the process.
Cross-examined. There were two parts of coffee to one of chicory—I am only acquainted with chicory in the dry state—I have heard that it is used the same as opium is, to smoke—I have not been in Germany—I have read that it is largely grown there—I don't know that any country has actually attempted to grow chicory as a substitute for opium—I have paid particular attention to the subject of coffee, and chicory with reference to the adulteration of coffee.
HARRIET BUTLER (Re-examined). The coffee which I gave the prisoner in the jug was of the same brew which I gave him some of—I had it for breakfast in the morning, and had some left, and he had a cup of it when he came home from the station-house.
GUILTY .— Recommended to mercy by the Jury.—Ten Years' Penal Servitude .
Before Mr. Recorder.
MESSRS. POLAND and GRAIN conducted the Prosecution; and MESSRS. STRAIGHT, TICKELL, and HORACE AVORY the Defence.
ALEXANDER LEIGH INNIS . I am cashier of the Lambeth branch of the London and Westminster Bank—this bill for 79l. 11s. was presented for payment across the counter on 21st March, nearer four o'clock than three—it was due that day—the drawer is George Thomas Mann and the acceptor James E. Betts, who I know—believing it to be Mr. Betts's signature I paid it with three 20l. notes and one 10l. note, 89905, dated 11th August, 1877, and the rest in gold and silver—the person wrote on the bill "Received, Charles Coles for G. T. Mann"—I have no recollection of the person.
the jewellery—I called his attention and he came in and purchased a watch for 3l. 3s. and an umbrella for 6s.—he gave mo a 10l. note and I gave him change—he had some gold besides—he left and said he would come back and buy an Albert—I kept the note till 10th April and then opened an account with it at the London and County Bank, Newington branch—I only had one 10l. note, all the rest were nyes—I took it there myself.
Cross-examined. I did not take the number of it—I never saw the prisoner from 21st March till this morning—the note is not endorsed—I had never seen the man before.
Re-examined. My assistant, William Young, was in the shop—Mr. Betts had not made any communication to me before—I paid the note into the bank, but two days afterwards an inquiry was made by a detective.
WILLIAM YOUNG . I was formerly in Mr. Jackson's service—on 21st March I saw the prisoner there—he purchased a gold watch and an umbrella and paid with a 10l. note—I saw that he had gold and silver besides—I heard him speak about an Albert chain—I saw him pass the shop twice afterwards within a week or as fortnight—I identified him in Newgate yesterday week and have no doubt of him. Cross-examined. I had never seen him before.
FORTESCUE HOLIDAY . I am a clerk at the London and County Bank, Newington branch—on 5th April Messrs. Jackson opened an account there and I received some bank notes from the manager—I made up the books in the evening from the notes themselves—there was a 10l. note, 89905, dated August 11th, 1877, from which I made this entry—this is the waste-book—it contains the details of the credits—we put the amount to the proper customer afterwards—the fact of it being in that book on that date signifies that it came into my possession on that day.
JAMES EDWARD BETTS . I keep the White Hart, Kennington Cross—have an account at the Lambeth branch of the London and Westminster Bank—I know nothing of this bill or of the drawer, or of the acceptance, or of the transaction to which it relates—the signature of the acceptance is a forgery—it is not written by me or by my authority—I know nothing of the writing—the bill came to me in my pass-book about 29th March and I communicated with the bank—this cheque for 2l., dated 25th January, 1878, is in my writing—it is on one of the bank forms, and is drawn to Richard A. Wallis—1 know the prisoner by the name of Alfred Wallis—I gave him this cheque for two sovereigns as he wanted to send it away—I had business transactions with him before Christmas upon which he still owes me 1l.—the signature on the bill is a very good imitation of my writing.
Cross-examined. I have known him over 15 years, but have not seen him many times—I have not written to him requesting payment of the money.
EDWIN HARRISON . I am a cashier at the Southwark branch of the London and Westminster Bank—in October, 1877, Mr. J. Wallis, the prisoner's brother, kept an account there, and on 25th October, about 12.30, some one brought this bill for 175l. (produced)—this is the book in
which I enter payments out for cheques or bills—I gave the bearer a 100l. note, 77143, April 13th, 1877, a 50l. note, 79426, March 13th, 1877, and 25l. in gold—he was a tall man, with rather prominent features—I believe the prisoner to be the man, but I won't swear to him—I referred to the signature book, and believing it to be the genuine signature of John Wallis, I paid him—I afterwards heard that mere was something wrong, and gave a description of the person to the police.
Cross-examined. This was on 25th October last year, and I did not see the prisoner till May this year.
THOMAS COTTER GASK . I am a dark in the Inspector's Office, Bank of England—I produce a 100l. note and a 50l., which have been referred to by Mr. Harrison; they were both changed into gold across the counter on 25th October, but not by me.
WILLIAM GEORGE HACKMAN . I am a clerk in the Bank of England—on 25th October I cashed this 50l. note with ten 5l. notes, one of which was 93703, 3rd May, 1877—I do not remember the person—it has written on the front of it "Thomas Burt, Plumstead, Kent"—I do not remember whether that was written at the time.
THOMAS COTTER GASK (Re-examined). All these notes which have been produced came through other banks except three; they bear the indorsement of various bankers; those that did not come into my office came from the bankers; they were new when they were given out.
WILLIAM PIKE . I am a hosier, of the Old Kent Road—on Saturday, 27th October, between 10 and 11 p.m., the prisoner came in and bought goods value 30s.—he took out this note from his pocket, with several others—I requested him to endorse it; he wrote this "Alfred White" on the back of it, and said, "Everybody knows Alfred While"—he took the parcel away—I identified him at the police-court.
Cross-examined. This was seven months ago, and I had nothing to fix the date by until I saw the note, but I am certain I paid it into the Bank of England on the following Tuesday. Re-examined. Here is 27-10-77 on the note in my writing.
JOHN WALLIS . I live at 13, St. Germans Road, Blackheath—the prisoner is my brother—he knew that I had an account at the Southwark branch of the London and Westminster Bank—I do not know the name of Burt, the drawer of this bill, nor do I know of any transaction to which it can relate—the acceptance is not mine, or written by my authority—it is a very good imitation—the prisoner would know my writing well.
Cross-examined. I cannot see any similarity to the prisoner's writing in it.
THOMAS WALLIS . I am the son of the last witness, and am acquainted with the prisoner's writing—I went to the Bank of England with a detective, and looked at this "Alfred White" on note 93701—the capital A is not like his writing, but in some letters there is a similarity. Cross-examined. To the best of my belief this "Alfred White" is not my uncle's writing.
RICHARD KIMBER (Detective Officer). On 30th May the prisoner was brought to Southwark police-station—I had a warrant for his arrest, and told him so—he said, "I know nothing about it"—I said, "I can prove by a Mr. Pike that you cashed one of the notes on 27th October." GUILTY. Five Years' Penal Servitude .
Before Robert malcolm Kerr, Esq.
appeared for Ditchett.
ROBERT EATENDON . I live at 99, Old Gravel Lane, and am a managing lighterman—I know the barge Louisa, which belongs to Mr. Hodges—I was on board her on Tuesday, 28th May—there were some sacks of oats in her marked with the name of Hodges.
THOMAS FINNIS . I am a lighterman, of 12, Charles Street, Old Gravel Lane, and was in charge of the Louisa, and saw the oats on board on the Tuesday—I went on board again on the Wednesday, and four sacks were missing—they had Mr. Hodges's name on them to the best of my belief—I loaded 12 sacks on the Tuesday, and there were only eight on the "Wednesday—I had some sacks at the side which I did not count.
SAMUEL HOWARD (Thames Policeman), On May 28th I was at Lime-house with Horlock—afterwards I saw a boat at Kidney Stairs, and the prisoners and another man I could not recognise were in it—Ditchett came up the stairs and asked me to go into a public-house and have some beer—Thomas followed with his head hanging, and said it was a dirty night—I said it was, and went down and examined the boat, and saw it contained four sacks marked "Hodges" (produced)—I subsequently apprehended Ditchett, and told him he would be charged with another man not in custody—he said "God blind me! if I had seen you you wouldn't have had me so easy."
Cross-examined. I saw three men in the boat—it was the David and Harp public-house, I believe, that Ditchett wanted me to go into—I didn't stop the men—I had no idea what was in the boat till I went to see, and when I came back the men were gone—I knew the prisoners previously.
Cross-examined by Thomas. It was about 11 o'clock when I saw you—I know you very well—it was very near high water—I saw you previous to that, at 9.30, at Limehouse.
WILLIAM HORLOCK (Thames Policeman). I was with Howard on the evening in question, and left him at Limehouse—I followed shortly alter, and saw Ditchett standing at the top of the landing place—then I followed on to Limehouse Bridge, where I saw Thomas, who asked me to have some beer—coming up the stairs again, I saw Ditchett standing at the opposite comer, and he went off as fast as he could when he saw me—I afterwards took Thomas into custody and told him the charge—he said "Who have you got into it?"—I said "Ditchett"—he said "I know nothing of it."
Cross-examined. I am known by the labourers in the docks on the Thames side, and I know a great number of them.
Ditchett's Statement before the Magistrate: "I have nothing to say." Thomas's: I am not guilty." NOT GUILTY .
MESSRS. STRAIGHT and MEAD conducted the Prosecution; and MESSRS. WILDEY WRIGHT and AUSTIN METCALFE the Defence.
THOMAS MCBRINE (Policeman V 348). About 1.15 a.m. on 16th May, I was on duty in the Gwynne Road, Battersea—I heard cries from the direction of Totteridge Road—I went in that direction and saw the prisoners and two women—the prisoners were fighting—Edwin had his coat off and was bleeding over the left eye from a large bruise—another man was present—I parted them and told them to go home—Edwin hit me in the mouth a violent blow with his fist—I took him into custody—he struggled violently—Harding, another constable, came up—before Harding came, Alfred tried to rescue Edwin—when Harding came up, Edwin became more violent—he took out a knife; Harding took it from him—I was thrown down by Alfred and two women—Alfred left me—I got up and went to Harding—I heard a cry "Rip the b——s up"—I heard Harding cry out that he was stabbed—Alfred took Harding's truncheon away and hit me on the head with it, and felled me to the ground—Harding had put it up for protection, using it behind—when I was on the ground, Alfred struck me across the thumb with the truncheon and ran away—he threw Harding's truncheon away—I had my truncheon—I found Harding's truncheon near Alfred's own house—we got assistance and followed the prisoners to 38, Totteridge Road, where they live—constables Golding and Beard came—the sergeant knocked at the door—before that one of the prisoners said the first b—policeman that came in they would rip him up—the sergeant and two constables went in and took them into custody—Edwin was violent—Alfred was quieter—they were both taken to the police-station and charged.
Cross-examined. I had my hands down by my side—I did not take either into custody till I was. struck by Edwin—twenty minutes elapsed before they went in—I did not seize Edwin by the throat—I did not see Hampton nor Day there—I believe one of them was there afterwards; I do not know which—Edwin did not call out that he was being throttled or choked, nor ask any one to cut his collar—I did not hear people calling out "Shame" and "Don't kill the man"—I swear I did not use my truncheon—I did not see Harding do so—he did not do it—several women did not tell us not to behave like brutes—I did not say to a woman "Go and f—yourself," nor hear such a word used by a policeman—we dragged them towards the York Road—Alfred did not have a knife to cut Edwin's collar, and I did not say "If that is your b—game I will" something, nor did one of us hit Edwin with a staff—one did not say "Now, Mac, for your stick, let him have it"—I saw the state the prisoners were in at the police-court—they were bruised—I did not examine them—I did not say nor hear "Wait a bit, we shall have them, and when we get them we will kill them"—I saw the prisoners the whole time—no one kicked Edwin—there were not 50 or 60 people about—I cannot say how many—there were only the prisoners and two women—when they came out there were some people; about six, not more—Edwin was in front of me on the way to the station—he was not kicked spitefully by a constable several times in the legs—he was not kicked—he struggled, and the police struggled with him—the prisoners were bruised from fighting—they bled just as much when we took them.
Re-examined. I saw Edwin with a knife in his hand—I heard Harding say "I am stabbed"—that was after Alfred had gone up to him—it was about 1.15 a.m. and a stormy night.
May I heard cries and Went to Totteridge Road—I saw the prisoners and the last witness struggling—McBrine held Edwin by the collar—he was trying to get him away—I took him on the other side—he drew this knife from his pocket and became very violent—he said he would rip the b—s up—Alfred rushed up and we all closed together—I left McBrine struggling with Alfred and the two women—he got on the ground—I afterwards drew my truncheon—it was taken from me; I was struggling with Edwin—when Alfred rushed up I fell on my stomach; I felt something up my back—I afterwards examined this coat and found this hole—it would be caused by a knife—Edwin got away—when I was on my stomach I received a stab in my right thumb—Dr. Kempster afterwards saw it—I afterwards went with Gordon and Beard to 38, Totteridge Road—Gordon and Beard went in and brought the prisoners out—I and Beard took Alfred, and another constable took Edwin.
Cross-examined. I have been in the force between three and four years, and McBrine a shorter period—I never had an assault committed on me before—Alfred had a cap similar to this (produced)—I did not hear Edwin say we were throttling him—we were struggling together—he might have said so—I did not use my truncheon—I took it out when I was lying on my stomach to defend myself; I could not do it and my staff was taken from me at once—I saw the prisoners' bruises—I heard the cut across one prisoner's head described at the police-court—I have no notion how it was done—they were in the same state when we first saw them—I did not see any people looking on before the prisoners went in the house—some were walking about, not many—I did not hear them call us cowards, nor say "Do not kill the man," nor say nor hear the words "Go and f—yourself"—I did not see the knife in Alfred's hand—a knife was taken from him—I do not know how the wound on my thumb was produced—Alfred was not trying to loosen Edwin's collar—I did not see this cap at the station—we did not strike Alfred on the head—I did not see the police use a truncheon—the knife must have gone underneath this coat—the coat was buttoned—I had a belt. (The witness put on the coat.) This belt is not the same—I never saw the prisoners kicked by the police—I could not say how many people were about—I did not hear a policeman say "Now for your b—game, if that is your b—game," nor see one strike Alfred with some instrument—I never heard the words "Now, Mac, for your stick, let him have it," nor see either of the prisoners hit by a policeman.
Re-examined. This cap has been in the prisoners' possession since they were in charge—it was not produced to the inspector—when I drew my truncheon I could not use it, because I was lying on my side—I drew it out and put it back—the truncheon was then drawn from me by Alfred.
ALEXANDER GORDON (Policeman F 32). On the morning of 16th May, in consequence of something I was told, I went to Totteridge Road—I found Harding in a state of semi-insensibility—a man came there at the same time as I did—I sent him for assistance—there was no crowd crying out "Shame," & c.—I went with Beard to No. 38—I saw the prisoners—I told them I must take them into custody for stabbing one constable and violently assaulting another—Alfred said, "Yes, that is right enough; I will go with you quietly"—Edwin said, "I will stick the first b—y policeman that comes near me"—I took hold of him and took him to the station—he was very violent—I used necessary violence—Edwin was drunk—Alfred was not so drunk as Edwin.
Cross-examined. Edwin was helplessly drunk—I cannot say I heard any bad language—in the house I saw a graze on Edwin's forehead; there was blood over it—I did not see other bruises on him then, nor when he got to the station—I call necessary violence this: when a man says "I won't," or lies down, and we have to drag, push, or carry him along—I have no mark of violence on me—Edwin kicked, struggled, and resisted—I felt the kicks—when I came up I did not see a single individual till a man came up, and I told him to go to the station for assistance—I do not know the man's name—he is not here—I heard no complaints of the police.
GEORGE BEARD (Policeman V 367). On 16th May, about 1.30 a.m., I went from the police-station to Totteridge Road with the last witness—when I got to No. 38 I saw five or six persons outside, including Mc Brine and Harding—on going in I heard Edwin say, "I will kill the first b——r that comes in"—I and Harding took Alfred into custody, and Gordon took Edwin.
Cross-examined. I did not stay outside the house about three minutes—I did not say nor hear "Oh, we shall get them soon, and when we do we will kill the b—s"—Alfred went to the station pretty quietly—he was rather violent sometimes—I used no violence—two females were in the house—I do not know them.
WILLIAM JOHN BEAL . I live at 33, Totteridge Road, Battersea—I am a builder—about 1 a.m. on 16th May I was at the window—I saw three men and three or four women—the prisoners are two, to the best of my belief—they were fighting—one had his coat off—the one with his coat on fell—Mc Brine came up and tried to separate them—the one with his coat off hit the constable—Mc Brine took hold of him—they struggled—another constable came—they still struggled—Alfred disappeared—the other people looked on—I do not know them.
Cross-examined. I believe McBrine held Edwin by the neck—Edwin cried out, "I am being assassinated"—I am not sure whether he said, "Cut my collar"—I do not remember saying so—if I said so at the police-court it is correct, and I will stand by it—I heard several voices say, "You coward," but not that the police were cowards for striking the prisoners—I did not see the police strike the prisoners; how could I say that?—if I said so at the police-court it is quite right—I heard something said, but I could not say whether it was a threat to the police—I could not hear distinctly at my window.
WILLIAM WILLIAMS . I am a cab proprietor, of 23, Gwynne Road—I saw Mc Brine and another constable take Edwin into custody—he struggled—Alfred said, "Go quietly, and I will bail you out"—I went away—a quarter of an hour after I saw them being taken to the station—I did not see the police kick the prisoners or hear them use bad language—Edwin was struggling to get away.
WILLIAM HENRY KEMPSTER . I am a medical officer attached to the police at Battersea—I saw McBrine and Harding and the two prisoners at the police-station—Harding had a punctured wound on the right thumb going into the last joint; his hands and face were covered with blood, and he was in a state of great exhaustion, evidently the result of exertion—Mc Brine had contusions on the head, as if he had been struck by a blunt weapon repeatedly, and a very severe contusion on the joint of the right thumb—he also was covered with blood—both constables had
several minor contusions—Mc Brine had the most severe, and Harding had the stab which might be caused by a knife—the prisoner Edwin had some contusions on the head; blood was flowing down his forehead; over the right eyebrow he had an abrasion three or four inches in length and about half an inch in width; his nose was bleeding, and his hands and face were covered with blood—the prisoner Alfred had contusions on the head, his nose was bleeding, and his hands and face were covered with blood—all their noses were bleeding—the abrasion was from a fall, and the bleeding of the noses from blows—Edwin had been drinking very much; the other prisoner had been drinking to a certain extent—it depends upon what they fought with as to whether all the injuries were consistent with the fight.
Cross-examined. Most of the blood came from the prisoners—I should say the wound on the policeman's thumb would not have been caused by Alfred trying to cut Edwin's collar, from the position of it; but it is not impossible—the wounds on the prisoners may have been caused by a truncheon.
Re-examined. There were wounds on the top of the prisoners' heads which could not have been caused by a fall against the kerb.
ALFRED DARLING (Policeman V 34). I was acting sergeant at the police-station on this morning—Edwin was charged with a violent assault, and both prisoners were charged with wounding—they did not then make any complaint against the constables; if they had it would have been investigated.
Cross-examined. The police were exhausted—the prisoners were drunk—I saw some wounds on them—I asked if they would like to see the doctor, they said "Yes," and I had them examined by Dr. Kempster. Witnesses for the Defence.
HENRY HAMPTON . I am a lighterman, and live at 38, Totteridge Road, Battersea—I gave evidence at the police-court—on this night I had been with the prisoners all the evening—they had a few glasses of ale, but were not drunk—I am a teetotaller—they began jollying one another on the way home—in about 200 or 300 yards they had a tussle—Edwin ran at Alfred, and they both turned round sharp and fell to the ground—I saw no blood then—the police came up while they were on the ground—a policeman caught hold of Edwin's collar and used him very roughly, and said he would take him into custody—I have since learned the policeman was McBrine—Edwin asked him what he had to take him for, and said "I suppose you want a charge"—Mc Brine said "Yes, and I mean to have one"—I and the prisoners' wives asked him to let us take the prisoner indoors—he would not, but said he would take him into custody—Edwin then tried to get away—another constable came up—the wives screamed—as I was talking to the wives I heard Edwin scream out that the police were choking him, three or four times, and for a knife to cut his necktie with—I left the wives and saw Alfred doing something to his brother's neck; I could not see what—a policeman said "If that is your b—game," at the same time striking Alfred with a stick or a staff, which felled him to the ground—he must have struck him on the head—he then turned to the other constable that had hold of Edwin's left side, and said "Now, Mac, for your stick; lot him have it," and the constable hit him on the head and shoulders about four blows—then there was a regular scuffle between the whole lot—all four fell down—Edwin got up—a
constable had still hold of him by the collar, striking him several blows at arm's length—I shortly after that left with my wife—I took no part in the disturbance—I did not see any knife used.
Cross-examined. I did not see the constables struck—I and the prisoners had been in the Bell Inn, Wandsworth, a great part of the evening—I said before the Magistrate that the prisoners were not drunk, but pretty comfortable—I meant they had had a few glasses of ale and were sociable together—I stayed with them from about 8 o'clock till this occurred—there was no fight between the brothers—I did not see Edwin hit his brother in the nose—the women called out to the police, "Don't, don't."
DAVID LEE . I am a barge-builder, living at No. 4, Totteridge Road, Battersea—I was a-bed on this morning, and was awakened by a noise in the street—I went to the window and saw some people about 20 yards down—they came towards my house—I saw Edwin—two constables held him by the collar and were using him very roughly and dragging him towards the York Road—I saw one of the constables strike Edwin two or three times on the head; I could not say which constable, they were hard blows—I was then about 15 yards off—I heard cries of "Oh, oh!" and the people cried "Shame" on the police—I saw the marks of blood the next morning—I was examined before the Magistrate.
Cross-examined. There was a gas-lamp at the corner—I did not see any truncheon used on the head of the constables—I was examined at the police-court on the 23rd—I did not go on the first hearing—I heard the matter talked about, and said I would go up and speak the truth—I saw a solicitor and told him what I could prove.
JAMES DAY . I am a tin-plate maker, of 12, Totteridge Road—I was awakened by this disturbance—I looked out of window and saw Edwin in the custody of two officers about 20 yards off—they were dragging him along with such violence that I heard him cry out for them to release their hold, as he felt they were choking him, and he said "Some one cut my shirt-collar," or "my collar"—when he got opposite me he could hardly repeat the words, he was almost strangled—I kept my eyes on the officers—I told them they were brutes to do it, loud enough for them to hear, so did my neighbours—I recognised 348 as one of the constables who held Edwin's collar—I watched them as far as the light would permit me, and the blows were repeated—I heard a female say repeatedly "You will kill him"—I heard the blows struck, they sounded too hard for the fist—I have no knowledge of the prisoners.
JOHN CLARKSON . I am a labourer living in Totteridge Road—I did not know the prisoners previous to this affair—I was at all the examinations at the police-court except the first—on this morning I heard a noise and looked out of my window—I saw the policeman had hold of a man——I could not say which man it was—in about five seconds another came and took hold of him close by the throat—they forced him down the road—I heard a groan when they got to the centre of the road—I heard some one say "Do you call yourselves men? do you call yourselves Englishmen?"—the police were forcing the prisoners towards the York Road—I did not hear the police make any reply—I looked out again and saw a woman walking down the path and two constables walking by the side of the kerb—the woman said "You brute, you coward"—that was Some minutes afterwards.
saw two men and two policemen struggling—I dressed myself and went down and followed them to the top—I heard a policeman say "We willhave the b—s, we will kill the b—s"—Mc Brine used his staff very powerfully three or four times on the prisoner's head.
ANNIE LEE . I am the wife of the witness David Lee—I heard a disturbance, and in consequence went to my window—I saw two policemen pulling a man along by the collar whom I have since learned to be Edwin—I heard him say "Get a knife and cut my collar, they're choking me"—I saw one policeman strike him a heavy blow on the head, it seemed to me with something he had in his hand—I heard the sound at the same time—the man called out "Oh dear, oh dear"—a number of people were about—they cried out "Shame" on the police, and called them brutes—they turned the corner, and I heard the blows "Thud, thud, thud"—I attended five or six examinations at the police-court—I have no interest in this matter—the prisoners were strangers to me.
OLIVER HADAWAY . I am a sawyer, of 40, Totteridge Road—I remember hearing a noise on this night and going to my window, and afterwards outside—I saw two policemen standing at the back of the house—I heard one say "We shall have them presently, and as soon as we get hold ofthem we will kill the b—s"—they were about 7 yards off and in uniform—the prisoners were then in the house—a policeman then went in the house and brought out the prisoners—they started very quietly—I soon after saw a policeman kick Edwin on the thick part of the back of the leg—I saw no provocation by the prisoners—I went back into the house—I went to the police-court.
JOHN HADAWAY . I live at 40, Totteridge Road, and am the father of Oliver Had away—my daughter drew my attention to the noise, and went to the window—I saw two women crying "Let them go" four or five times—the prisoners said "Why don't you let us go"—they were going towards the York Road—that would be away from the station—I heard a cry "Cut my scarf"—I went back to bed—I afterwards went out—I saw two policemen walking to and fro in the street—I went back to my back room to rest—I heard a slam at a neighbour's door—I saw some policemen come—one was 6 yards from my window—I saw a policeman tightly holding Edwin's left arm, another the right arm, another standing by his right shoulder, and another come up and give him a sharp kick on the thigh—I said "You ought to be ashamed of yourselves, you have no right to kick him, you have no right to knock him about; Mr. Hogg is quiet"—I heard no answer—Mr. Hogg said something, but I did not hear a word—they went towards the station—about 26 yards off I saw the policemen punching Edwin—Mrs. Hogg said "I can see you knocking of them about"—I have lived next door to Mr. Hogg about 15 months—he has borne the best character, and is both sober and civil.
RICHARD THOMAS SMITH . I live at 18, Totteridge Road—I have not been examined before—I heard a deal of screaming, and got out of bed, and went to my bay window—I saw two policemen using a man most disgracefully, and striking him, I think, on his head—I cannot recognise the constable—I heard the blows all down the street—I heard cries of "Shame."
JOSEPH OAKMAN . I am a surgeon in practice at Battersea—on 16th May Edwin Hogg came to my surgery—I examined him—on the right side of the upper part of his head was a contused open wound extending down to
the skull, and about three inches long—I probed it for a fracture—there was no fracture—it would be caused by some blunt instrument like a policeman's truncheon—he had another open wound on the left side about two inches above, and behind the ear—it was the same kind of wound, but not so severe—his eyes were blacked, and there was a large graze over the left portion of the forehead, and his lower jaw was very swollen—some of the wounds might have been caused by the fist—there must have been a considerable amount of violence used—you are never certain of the course these wounds run; he got on very well—in consequence of what I saw I stripped him—I saw bruises extending to the elbow, and I saw the marks of the grip of four fingers on his arm—he is still suffering.
Cross-examined. It is not probable that the wounds on the head could have been caused by a fall.
Re-examined. I have no doubt the wounds were caused by some blunt instrument.
The Prisoners received good characters. NOT GUILTY .
MR. STRAIGHT for the Prosecution offered no evidence. NOT GUILTY
The COURT directed Sergeant Darling to call his superior officer's attention to the matter.
MESSRS. BESLEY and GRAIN conducted the Prosecution.
The evidence is unfit or publication.
GUILTY **— Five Years' Penal Servitude .
MARY ANN CONNOWAY . I am the wife of Dennis Connoway, a labourer, and live at 53, Queen Street, Rotherhithe—my husband was at work all the night of 25th May—I was called about 3 a.m., and I saw the prisoner—it was daylight—I had fastened up all but one door, which had no fastening—I went to market, and returned about 8 o'clock—I found the house in an uproar—I had put five sovereigns between two feather beds, which I had had downstairs because of my late illness—I found the beds turned over, and I missed the five sovereigns.
Cross-examined by MR. PURCELL. My door has not been found open by the police.
JOHN CONNOWAY . I am the brother of Dennis Connoway, and live at 33, Lower Queen Street, Rotherhithe—about 6 a.m. on 25th May I was passing my brother's house—I saw a party I did not know come out and pull the door to—I went into a public-house near, and saw him stand there—the time is fixed in my memory by the ringing of the bell at the
dock, which always rings every hour in the night—it had rung about 6 or 7 minutes.
DENNIS CONNOWAY . I live at 53, Queen Street, Rotherhithe—I was at work all the night of the 24th and 25th—I called my wife about 3.30, and went back to work—my brother afterwards told me something, in consequence of which I went home and found two men standing in the parlour alongside the bed—the bed was put there because my wife had been ill—I followed the men about five or six yards off—Marratt was one—some boys called "Police," and "Stop thief"—I followed as best I could, and saw them go down to the barge's cabin—when I got there Marratt was covered with sweat—I afterwards picked Morris out at the police-court.
JAMES RIDGYARD . I am a potman at the Ship, next door to the prosecutor's house—about 5.40, as I was pulling down the shutters, I noticed two men, one was coming out of No. 53—I had seen these men drinking in our house a few days before—I afterwards heard Connoway singing out "Stop thief!"—I rushed to see what was the matter—I saw Morris going by the back of the house—he was rather crippled, and one leg seemed to lag behind as he ran—I followed to the White Horse—I lost sight of Morris—I am sure the prisoners are the men.
Cross-examined by Morris. I told a policeman of you and he apprehended you.
THOMAS BANNISTER (Policeman). I examined the prosecutor's premise—the back-parlour window-latch was marked as if somebody had been through—the brickwork was broken down in the wall—the bed in the back parlour was turned topsy-turvy—I took the charge against Marratt at the station—I told him the charge—he asked if he might make a statement—I said "You can please yourself, but if you do I shall write it down and give it in evidence"—he said "I was going by this morning and a man said 'Will you have a hock of bacon?' I said 'Who are you?' He said 'I am a lodger.' When he got outside he gave me a loaf and a piece of bacon, also a boy there," and he turned to the prosecutor—he was asked if there was anything else—he said, "I meant to have a piece of bacon, I admit that, the door was open when I went by."
MATTHEW MORRIS . I am a police constable to the Surrey Commercial Docks—about 6.20 a.m. on 25th May I heard cries of "Stop thief!"—I saw a man running down a yard in the docks—I saw several boys and Mr. Connoway—I followed—I went on board a barge and down into the cabin—I found Marratt stowed away in the after part of the cabin—he was lying down—I took him into custody and gave him in charge of 234 R.
Cross-examined by MR. PURCELL. I lost sight of the prisoner—I cannot say whether I said at the police-court "I cannot say whether it was the prisoner I saw running away."
THOMAS BLACKBURN (Policeman R 234). I took Marratt into custody about 6.45 a.m. on 25th May—I took him to the station and searched him—I found on him threepence in coppers—the prosecutor gave me a description of another man, and I took Morris into custody on 7th June at the corner of Bridge Street, Lime house—I told him the charge—he said I had made a mistake—I told him he must go to the station with me. Maratt stated before the Magistrate that he was standing outside and
saw a man in the house, when the Prosecutor came up and shouted "Police!" and he was taken into custody. Morris said that he was ill at the time, and never left the house. He added in defence that he had been apprehended by mistake, and called
Cross-examined. The prisoner wrote me a letter that he was committed about a fortnight ago—I remember the 25th May—it was not wet nor very fine—I am sure the prisoner was in bed then.
Cross-examined. I did not go before the Magistrate because I did not hear the case till it got here—I remember the day well, because I fetched Morris some castor-oil and salts on the 24th—the 25th was a fine morning.
MORRIS*— GUILTY . MARRATT**— GUILTY MARRATT also PLEADED GUILTY to having been convicted of felony at this Court on 27th February, 1871, in the name of Henry Wilson.— Seven Years' Penal Servitude each .
ADJOURNED TO TUESDAY, AUGUST 6TH, 1878.